Tire blowouts can present a very hazardous situation on the road. Blowout season starts in May and continues through the end of September. When the temperatures heat up, so do the roads. The temperature change affects road conditions and heats up your tires. Although semi-truck tire blowout accidents can happen year-round, increasing temperatures can exacerbate even the slightest tire issue, potentially leading to a blowout.
In some cases, a motorist vehicle or truck driver’s tire blows out because of a manufacturing or design defect or negligence. A qualified Las Vegas and Summerlin truck accident attorney at Adam S. Kutner, Injury Attorneys, can get you the maximum settlement you deserve. Here’s what you need to know about semi-truck tire blowouts, liability, and driver’s legal duties to protect yourself if you are ever the victim of a truck tire accident.
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What Causes Truck Tire Blowouts?
According to the National Highway Traffic Safety Administration, up to 9% of the total large truck crashes in the U.S. are tire-related. Here are a few of the main reasons for a truck tire blowout:
1. Underinflation
Underinflation is one of the leading causes of truck tire blowouts and one of the easiest to prevent. Underinflation puts greater stress on tires, especially truck tires, which can lead the tire’s internal components to stretch beyond design limits and heat up, potentially resulting in a blowout. Most instances of underinflation are simply a result of poor maintenance.
2. High Speeds
Speed contributes to truck tire blowouts. An investigation on Michelin truck tires revealed that many truck drivers lose control by pushing these tires beyond their limits. Most commercial trucks are designed to withstand speeds of 75 mph. The NHTSA concluded that driving above the 75 mph limit resulted in heat buildup, and the subsequent weakening of the tires eventually caused the tire to explode.
3. Road Hazards
Dealing with hazards on the road, such as potholes, uneven lips in the roadway, cracks, and even debris like road gators (treads that separate from tires in other blowouts), is an unavoidable part of driving. Tires that continually interact with road hazards are put under constant pressure, leading to underinflation. Impact with particular road hazards can also fray the internals of a tire or even result in an immediate blowout.
4. Lack of Maintenance
Adequate upkeep can significantly reduce the chances of a truck experiencing a tire blowout. Every truck driver is required to perform a pre-trip inspection before every trip. Drivers are also required to be able to show evidence of these inspections. Most issues that could cause a truck tire blowout can be caught and fixed before an incident if proper maintenance is observed.
5. Overloading
Tire blowouts also arise when a truck is overloaded, causing it to exceed its gross vehicle weight rating. Overloading a vehicle exerts excess pressure on its tires, weakening the structure and leading to a tire blowout. The weight limitations for trailers operating in Nevada are in the Nevada Revised Statutes.
The weight restrictions for trucks per axle are:
- The weight per single axle cannot be more than 20,000 pounds
- The weight per tandem axle cannot be more than 34,000 pounds
- The weight per tire regarding one square inch of a tire’s width cannot be more than 600 pounds for steering axles
6. Other Causes
Some of the following negligent actions can also cause truck tire blowouts:
- Poor recapping or retreading of tires
- Defectively repaired or manufactured tires
- Using worn-out tires or tires with inadequate tread depth
How To Avoid Tire Blowouts
Regular Maintenance
The best and most efficient way for a truck to prevent a tire blowout is regular maintenance. Check for bumps, dents, or weak areas on your tires. Any weak spots on tires can increase your risk of experiencing an unexpected blowout. During the inspection of your tires, ensure you check the tires’ pressure. A tire gauge can help you determine the ideal pressure for your tires.
Planning
Prevention is an excellent way of avoiding a blowout. You can prevent getting a flat by planning your general route to avoid construction areas, rough roads, or paths that risk picking up debris that could deflate your tire. However, if you have to pass through these high-risk zones, check your tires for debris or weak spots afterward.
A Truck Driver’s Legal Duties
Truck drivers are required by law to drive reasonably and exercise caution while on the road. If a truck driver experiences a sudden front tire blowout, for instance, brought on by an unavoidable object on the road, they will not be deemed liable for an accident they could not avoid.
However, if a driver reacts unreasonably after experiencing a sudden flat, they will be held partially liable for the accident. Unreasonable acts include slamming the brakes or swerving in one direction after an unexpected flat tire. Additionally, a driver is required to inspect their vehicle, not operate defective equipment, and perform routine maintenance of their vehicle.
Making an accident claim can help cover medical expenses. Our attorneys can guide you through the process. Contact us today to see how we can help.
1. Duty To Inspect
Drivers are obligated to check their vehicles and address reasonably apparent faults under the law. If a motorist is operating a vehicle with worn tires or their truck’s tires have some obvious defect, they are obligated to detect the error and refrain from driving the vehicle until the issue is resolved. If a commercial driver is sued after a blowout, they cannot defend themselves by claiming they did not notice the defect because, according to the law, they should have known.
2. The Duty Not To Drive With Defective Equipment
If a commercial motorist is aware or should have been aware that a tire is defective, they are legally obligated not to operate the vehicle until the problem is resolved.
3. The Duty To Perform Routine Maintenance
Regular check-ups and maintenance of vehicles can significantly reduce the occurrence of tire blowouts. When a truck driver fails to perform maintenance tasks or regular inspections on their tires, they may be held liable for accidents arising from tire blowouts. Some of the mandatory inspection points a motorist must check include a vehicle’s tires, brakes, reflectors, lights, load, and mirrors.
Manufacturer, Retailer, and Installer Liability
A manufacturer or retailer can be held accountable under product liability laws if a tire blowout arises due to a design or manufacturing defect. A retailer may also be found responsible if the tire is damaged, but they went on to sell it in its defective state. A person who improperly installs a tire may also be liable for installing the wrong type of tire, resulting in a tire blowout.
What To Do After Crashing as a Result of a Blowout
If you are driving a vehicle when a tire blows, here are some steps you should take:
- Try not to slam on your breaks
- Focus on steering and gently release pressure on the accelerator
- Turn on emergency lights
- Pull over to the right side of the road
- Change the tire or call for help
If you are involved in a crash with another vehicle whose tire blows out, you should:
- Check for injuries: You must report injuries when contacting authorities to ensure they send paramedics to the scene.
- Call 911: Contacting authorities ensures you’ve complied with the requirement to report the accident. Police will complete a report to help you with legal matters, and 911 can send paramedics to the scene to treat anyone injured.
- Move to safety if possible: For example, other motorists may have limited visibility if you’re in an accident on a hill or a turn. Remaining on the road could lead to another accident. Move to the shoulder if possible. Activate your vehicle’s emergency lights to increase visibility and alert other motorists to the accident.
- Get the other driver’s information: After an accident, a driver is required to provide other involved drivers with their contact and insurance information. If a driver refuses to provide this information, tell the police. The police can ensure you get the information you need.
- Document the incident with notes and photos: Suppose you’re in an accident with a commercial vehicle. In that case, you may also take pictures of any lettering on the vehicle indicating the company name. Recording a video while completing a 360-degree turn is an excellent way to verify each vehicle’s location after the accident.
- Report the accident: Complete the crash report and submit it to the Nevada Department of Public Safety within 10 days of the accident date.
- Seek medical attention: You may be in shock after the accident and may not notice injury symptoms for several hours. Receiving prompt medical care and completing medical tests ensures you identify injuries and receive appropriate treatment. It also helps verify the injuries that stem from the motor vehicle accident, which will help you when you file a claim. Your medical records are crucial to any legal compensation claim, so you should seek medical attention.
- Contact a truck accident attorney: If you or someone you know was injured in a motor vehicle accident involving a truck tire blowout that lost control, it’s essential to contact an experienced car accident lawyer as soon as possible.
Common Truck Accident Injuries
Truck accident victims include drivers, passengers, pedestrians, and bicyclists. The severity and nature of the injuries suffered depend on multiple factors, including vehicle speed, proximity to the impact, impact with other vehicles or objects, and use of appropriate safety devices.
Because of the size and weight of trucks, there is a greater chance of accident victims suffering severe injuries in a truck accident. The vehicle’s weight increases the force of impact, which is one reason people suffer more severe injuries.
The following are some common injuries from truck accidents:
- Burns
- Fractures
- Internal bleeding
- Neck injuries
- Organ damage
- Soft tissue injuries
- Spinal cord injuries
- Traumatic brain injuries
- Whiplash
Depending on the nature of the injuries and their severity, truck accident victims may lose limbs, be disfigured, or be paralyzed.
Justifying a Truck Accident Claim
Supporting a truck accident claim involves establishing someone’s negligence. To do this, you must establish four things:
- Duty of care: A person’s duty of care is their social responsibility to the world around them. For example, motorists must legally obey traffic laws to prevent accidents and injuries, and truck drivers must also maintain their vehicles.
- Breach of duty: Breaching their duty of care occurs when someone does not fulfill their duty of care. Suppose a truck driver knows their tires are worn and must be replaced but chooses to use the vehicle anyway. If an accident occurs, their choice to operate a vehicle that needs maintenance can prove their breach of duty.
- Causation: Proving causation means proving the damages you received were caused by the at-fault party’s breach of duty. Receiving prompt medical treatment can help establish your suffered injuries in an accident, establishing causation.
- Damages: You must demonstrate you suffered because of the accident. Establishing the accident inflicted a physical, emotional, and financial toll justifies your compensation claim.
What a Truck Accident Attorney Does
Truck accident attorneys provide free consultations, allowing you to discuss your case. We get as much information as possible about the accident and explain your legal options. Discussing your case is an essential first step because you must feel comfortable discussing your claim with your attorney and understand your legal options and chances of recovering compensation.
Once we have your accident details, we start gathering evidence. We’ll review the accident report, visit the accident site, interview witnesses, and seek additional evidence. For example, dashcam and security camera footage can help establish fault for the accident and potentially provide negligence. We’ll search online for posts, photos, and videos from witnesses, which may provide crucial information supporting your claim.
We can also subpoena business records, including employee files and vehicle maintenance logs. These records could determine if poor maintenance contributed to the accident or if there were prior issues with the driver that could be a factor.
We’ll use existing case law to support your claim and prepare a compelling case. Since we’ll handle all communication with the insurance companies and legal representatives, we’ll present evidence during negotiations to support your claim. We’ll negotiate until you receive a fair compensation offer, or we’ll represent you in court and argue your case, presenting evidence to support your claim.
Call (702) 382-0000 for a free consultation
Get Expert Legal Help After Your Truck Accident Injury
We understand that you may be suffering from trauma and overwhelmed after your accident. It can be particularly challenging to recover while dealing with legal and financial issues. At Adam S. Kutner, we’re here to help. We’ll look after the legal matters so you can focus on your recovery and prioritize your health and well-being.
We’ll also help you to determine how much compensation you can seek. We’ll review the grounds for compensation, including expenses, such as medical bills, property damage, lost wages, and the personal toll from the accident, to ensure you seek the maximum compensation available.
We’re here to fight for you every step of the way until we resolve your case.
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Adam S. Kutner
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With more than 33 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.