Tire Blowout Accidents
When a commercial vehicle is involved in an accident, the resulting injuries are likely to be serious due to the enormous weight and size of the truck. Often, more than one person is hurt or killed in these types of accidents. Recovering damages after a truck accident requires representation by a skillful truck accident attorney who understands trucking regulations and laws, and has experience proving these types of cases. Usually, truck drivers and trucking companies are represented by experienced insurers and attorneys that will try to find ways to reduce their liability, even if you are badly hurt. Tire blowout accidents can be particularly complex. At Sharifi Firm, our Los Angeles truck accident lawyers understand how to establish the liability of a truck driver and trucking company, and we work hard to assert the rights of our clients.Assert Your Rights after a Tire Blowout Accident
If a truck driver has a tire blowout because the tire strikes something sharp and unavoidable on the road, the driver may not be responsible for the blowout. However, in some cases, the way that the truck driver reacts to the object in the road or a tire defect may be unreasonable. For example, a truck driver who slams on the brakes or swerves wildly may be responsible for any resulting injuries. In that case, an accident victim may be able to recover compensation by proving that the truck driver was negligent and either fully or partially to blame for the accident. Negligence in that case is established by proving the truck driver's duty of care, a breach of duty, causation, and damages.
All truck drivers in California are required to drive using reasonable care. This includes the duty to maintain and inspect the vehicle, including the brakes, before driving. A number of FMCSA regulations govern the behavior of truck drivers and motor carriers. For example, under the regulations, commercial trucking companies are expected to inspect every commercial motor vehicle subject to their control. They must also make sure that brake inspectors are trained and qualified to perform a service or inspection task related to the brakes, and that they are knowledgeable about which methods, tools, procedures, and equipment to use.
If a truck driver has a tire blowout on a highway and has failed to follow the FMCSA regulations, the truck driver or trucking company may be found negligent or negligent per se (negligent as a matter of law). A brake inspector who failed to conduct an appropriate inspection may also have liability.
Sometimes a tire blowout is caused by a tire defect, and it may be appropriate to sue the manufacturer in a product liability lawsuit. In California, a manufacturer, distributor, or retailer may be held strictly liable if a defect in a tire's design or manufacture causes an injury while the product is being used in a reasonably foreseeable way.
If multiple defendants are alleged to be at fault for an accident, the jury will determine a plaintiff's damages and assign each defendant a percentage of fault. For example, a manufacturer may be responsible for a defective tire, but if a truck driver panicked and reacted by swerving all over the road, both may share some of the blame for the injuries to others on the road.Consult an Experienced Truck Crash Attorney in the Los Angeles Area
At Sharifi Firm, APC, our experienced Los Angeles lawyers may be able to help you pursue compensation if you suffer injuries or a loved one dies as a result of a preventable tire blowout accident. We are aggressive advocates for our clients. Contact us at 1-866-422-7222 or via our online form to set up a free consultation with a motor vehicle collision attorney. Our firm also represents people in Temecula, Rancho Cucamonga, San Bernardino, and Riverside, among other Southern California cities.