Due to the uneven weight distribution between the track and trailer units of a commercial 18-wheeler truck, a truck driver already has to be extremely careful and controlled with their driving. This is why a tire blowout may be doubly damaging, as the sudden shift in weight distribution may lead to the truck swerving or even rolling onto neighboring vehicles on the road. Further, it may be more difficult for a truck driver to safely maneuver a tire blowout situation than a standard motor vehicle driver. So, with all that being said, please continue reading to learn who is potentially liable for a truck accident caused by a tire blowout and how an experienced Morris County, New Jersey auto accident lawyer at Macri Law Firm can help you place blame accordingly for your future legal claim.
Who is liable for a truck accident caused by a tire blowout?
Understandably, your initial instinct may be that a truck driver is at fault for their eventual tire blowout because they failed to inspect the truck before hitting the road. However, it can be argued that their fellow employees, such as cargo loaders and truck and trailer inspectors, were negligent in identifying low tire pressure, worn-out tires, improperly installed tires, or other signs of a potential tire blowout during their shift. Taking it one step further, their trucking company employer may be to blame if they did not order such routine inspection protocols or necessary maintenance on the truck in the first place.
Without further ado, other potentially liable parties read as follows:
- A tire manufacturer may have been careless in producing tires with design flaws or manufacturing defects.
- A tire distributor may have been careless in continually selling tires with known recalls for such flaws and defects.
- A government entity may have been careless in fixing poorly maintained roads that make tire blowouts more than likely.
How might liability affect my future truck accident claim?
Nonetheless, if you were involved in a truck accident caused by a tire blowout, it is important to know who caused this so that you may direct your future legal claim toward them. It is worth mentioning that a truck’s tire blowout may have the civil judge or jury apportion some fault to a third party, but they may also assign a certain degree of fault to you given the presented evidence.
For example, it may be unearthed that you were texting and driving in the moments leading up to your collision. So, it may have been argued if you had been more alert, you may have avoided some of the injuries and damages you eventually incurred. This may have the judge or jury find a third party 70 percent at fault for a truck accident due to a tire blowout and you 30 percent at fault due to your texting and driving. Therefore, they may allow you to recover 70 percent worth of the damages you initially claimed.
If you have any outstanding questions yet to be answered, please ask a skilled Morris County, New Jersey auto accident lawyer. Anyone at Macri Law Firm is willing and able to offer the support you need.
