I Was Hurt by a Truck Tire Blowout — Can an Attorney Help Me?
Truck tire blowouts have the potential to prove disastrous for the truck driver as well as everyone else in the vicinity of the truck. A truck tire blowout occurs when the structure of the truck tire fails causing rapid deflation of the tire. Blown-out truck tires can make loud cracking sounds similar to gunshots. Sadly, such a blowout has the potential to cause just as much damage as a gun. Truck tire blowouts can cause the driver to lose control of the big rig and collide with nearby vehicles. If you are injured in an accident caused by a truck tire blowout, your first course of action should include calling the police and obtaining the necessary medical attention. Your second course of action should be finding the best truck accident attorney in your area.
Liability for Truck Tire Blowouts: Operator Negligence
There are two theories of liability your personal injury attorney can pursue in order to obtain the compensation necessary to cover your related costs including lost wages and compensation for pain, suffering and the loss of use of a body part. The first theory is referred to as operator negligence. Truck tire blowouts are often the result of inadequate inspection of the truck by its driver and poor maintenance by the driver or the owner of the truck. Trucking businesses must adhere to specific standards of care to ensure these massive big rigs function in a completely safe manner, including regular inspections of all of the tires on the truck and attached trailer. If the trucking company does not properly maintain its fleet and an injury results, it can be found legally liable for the subsequent blowout that caused damage to your vehicle and/or body.
Let’s take a look at an example of a wreck caused by a truck tire blowout for additional clarification. The applicable industry standards and regulations require that the driver regularly inspect the truck and trailer tires to make sure they are adequately inflated and free from damage. However, too many truck drivers do not want to take the time to properly measure the inflation of their tires by using a pressure gauge and instead use a stick to “thump” the tires. This thumping method is not accurate and too many tires which are not adequately inflated are allowed onto the road by drivers who take this short cut. By driving on underinflated tires truck drivers are causing serious structural damage to their tires which lead to a blowout.
Products Liability in the Context of Truck Accidents
Products liability is another theory of liability in truck tire blowouts. If your attorney determines the truck’s tire or another component is defective and that defective component contributed to the tire blowout, there can be solid legal footing for a products liability lawsuit. Whether it is a manufacturing defect, a design defect or the manufacturer’s failure to warn of the dangers of its tire or other product, this business should be found legally liable for the accident. The challenge lies in finding a Houston truck accident attorney capable of proving liability exists on behalf of the tire maker.
Let a Truck Accident Attorney Investigate on Your Behalf
Truck tire blowouts are like puzzles in that work must be done to piece together why the blowout occurred. In some instances, truck tires are not properly installed. If an inexperienced, unqualified or err-prone mechanic installs the tire and it blows out, it is not the fault of the driver; rather, fault lies with the mechanic. In other instances, the truck is overloaded to the point that it causes a tire blowout. There is no way for you to pinpoint the true cause of the tire blowout without the assistance of a proven truck accident attorney.
Tire Blowouts in the Context of Texas and Federal Law
Texas and Federal law require that every single commercial truck driver’s big rig must pass a comprehensive pre-trip inspection before it can hit the road. The purpose of this inspection is to ensure the truck does not have any equipment issues that might cause accidents and the truck’s tires are one of key components that are the subject of this inspection. If the truck driver did not perform a pre-trip report, you will have no way of knowing unless an experienced truck accident attorney on your side.
The bottom line is every truck accident victim needs a talented truck accident attorney in their corner to stand any chance of obtaining justice. If you are victimized by a truck tire blowout or involved in any other type of truck accident, contact our Houston truck accident attorney to schedule an initial consultation.
Michael S Callahan is an attorney and founder of The Callahan Law Firm. He focuses his practice on representing individuals and families in personal injury cases involving motor vehicle and truck accidents, workplace accidents and defective products. With over 25 years of experience, he is dedicated to fighting on behalf of people whose lives have been forever altered by the negligence and carelessness of corporations and individuals. Originally trained as a mechanical engineer, Michael has been practicing law and fighting for justice for those who need it most since 1994. He is board-certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and a member of various esteemed legal associations. Outside of work, Michael enjoys spending quality time with his family, outdoor activities, and continually striving to improve as a trial lawyer and human being.