Tire Blowouts: Whose Liable?
Tire blowouts are one of the leading causes of motor vehicle accidents, especially for large trucks. A tire blowout occurs when the tire suddenly loses all of its air pressure. This loss of pressure often makes the driver lose control of vehicle, causing serious damage to not only that vehicle, but also to other objects or vehicles around it.
Potential Causes of Tire Blowouts
Any number of factors can cause a tire blowout. However, several common causes are actually preventable.
- Overloaded vehicle
- Faulty or defected tire
- Improperly inflated tire
- Small cuts that cause rapid air loss
- Small punctures that cause the tire to lose air over time
- Old or worn tires
The best way to avoid a tire blowout is to get your tires inspected by a St. Louis repair shop or tire dealer. They will be able to tell you if your tires need to be replaced or if they have any punctures that could result in a blowout.
If you know or should have known that you have a defective tire, you are under a legal obligation not to drive with that defect. However, we often do not realize that our tires are defective before we drive on them, and even under a close inspection, it can be difficult to tell if a tire is defective.
If you have a defective tire, and it blows, then there are several parties that could be liable for any damages caused by your tire blowout.
- Tire manufacturer
- Mechanic or automotive specialist who installed the tires
- Tire retailer
If anyone in the tire chain (manufacturer, retailer, mechanic, etc.) could have seen the defect or should have known about the defect, then they might be liable for damages caused by the blowout. That means that more than one party could be liable as well.
In addition, if the mechanic or other automotive specialist did not fill your tires as required (too much air or too little air), then they could also be liable for the tire blowout as well. This is true even when the tire itself was not technically defective.
What if I was Hit by Someone Whose Tire Blew?
If someone hit you whose tire blew, they may not have been able to control their vehicle. If this was the case, they may not be liable for damage caused by the unforeseen blowout. However, if the blowout was caused by something preventable, like having an improperly inflated tire, then they might still be liable.
In addition, every driver on the road has a duty to other drivers. This duty includes driving reasonably and responsibly. However, if a driver responds unreasonably to a tire blowout, (if they suddenly swerved hard in one direction, for example) then they could still be liable for the damage caused by their tire blowout.
The parties who may be at fault in a defective tire situation may also be involved where someone else hits you because of a defective tire. You might have a claim against them (instead of or in addition to the driver) because the defect caused your injuries.
Seek Legal Advice for Tire Blowouts
Whether one of your tires experienced a blowout or if you were hit by someone with a blowout, you should seek legal advice as soon as you can after the accident. It is always a good idea to know your legal options and to take advantage of a FREE Legal Consultations. Call The Dixon Injury Firm at 855-40-CRASH today!