A tire blowout can ruin your day in the blink of an eye. That’s because these unexpected explosions of rubber and steel-belted radials can result in a driver immediately losing control of their vehicle and causing a serious accident. When a car crash happens due to a tire blowout, does this create legal liability? And, if so, who should be held responsible?
What Causes Tire Blowouts?
Even though modern tires are designed to hold up under strenuous conditions, they can still fail and even explode when a vehicle is traveling down the road for a variety of reasons. Some of the primary causes of tire blowouts include:
- Wear and tear — Tires wear down over time. As the tire’s tread depth decreases, the risk of failure increases because the tire has lost much of its strength and structure.
- Under-inflation — Having tires that aren’t inflated to their proper pressure is one of the leading causes of tire blowouts. It can lead to overflexing and overheating of the tires.
- Overloading — Vehicles and tires are limited by the weight they can safely carry. Exceeding this weight puts too much stress on the equipment and can lead to a blowout.
- Road hazards — Hitting a sharp object, pothole, or other road hazard can lead to catastrophic tire damage and an imminent blowout.
- Poor maintenance — Improper vehicle alignment or a failure to rotate the vehicle’s tires can lead to uneven wear and problems that can increase the risk of a blowout.
- Heat — Tire blowouts are more common in the summer as temperatures rise and lead the air in the tires to expand. Combined with hot road surfaces, this can cause tire failure.
- Defective tires — Manufacturing defects can lead to tire blowouts due to problems in the design, materials, or production process of the tires.
Who Can Be Held Responsible for an Accident Caused by a Tire Blowout?
Since there are many possible causes of a tire blowout, figuring out who should be held responsible can be challenging. Some of the parties who may be liable for damages include:
Vehicle Owners
If the owner of the vehicle failed to properly maintain their tires, including replacing them when they wore out, rotating them, and keeping them properly inflated, they could be liable for damages resulting from a blowout.
Tire Manufacturers
Manufacturers of products, including tires, have an obligation to design and produce safe products. If a tire has defects when it leaves the factory, the manufacturer or designer could be held responsible when the tire fails and causes injuries.
Tire Installers
If a tire or mechanic shop was negligent when they installed or serviced a vehicle’s tires, they could be liable for damages. Examples include failing to properly torque lug nuts or carelessly leaving a tire underinflated.
Tire Retailers
A tire seller could be held responsible for damages if they knowingly sold a person unsafe tires or failed to stop selling tires that are subject to a manufacturer’s recall.
Government Entities
Poorly-maintained roadways can cause a tire blowout and subsequent accidents. The government entity that designed and built the roadway or the one responsible for its upkeep may be responsible for damages.
How Liability Is Determined in a Tire Blowout Crash
Determining liability in a tire blowout case requires a thorough investigation. If your vehicle accident was caused by a tire blowout and you were seriously hurt, you may be entitled to collect damages from the responsible party. Someone, however, will need to figure out the cause of the crash and prove your damages.
For example, a tire manufacturer could be held responsible if there was a defect with the tire that caused the blowout. Or, the other driver might be held liable if they failed to properly install or maintain their vehicle’s tires.
There are many forms of evidence your lawyer can help you collect to strengthen your claim. Having possession of the damaged tire is a vital piece of evidence, as are photos and videos of the crash scene.
Your lawyer may decide to bring in vehicle crash experts or product experts to support your claim. The vehicle accident report, witness testimony, and medical evidence can also be power evidence in an accident case.
Speak With a Knowledgeable Car Accident Lawyer
If you’ve been injured in a car crash caused by a tire blowout, it would be helpful to consult with an experienced car accident lawyer about your options. An attorney can ensure your rights are protected throughout dealings with the insurance company and provide valuable counsel every step of the way.
A skilled lawyer can also assist in filing lawsuits against the responsible parties to secure the full compensation you deserve. At Gomez Trial Attorneys, we fight hard for the rights of our clients and would like to learn more about your situation. Please call 866-TRIAL LAW (866-874-2552) or contact us online to schedule a free initial consultation.
FAQs
What kind of damage can a tire blowout cause?
Once a tire explodes, it can throw tread and other materials from the vehicle into the roadway. These materials can strike other vehicles or people, causing serious accidents and injuries.
Are tire blowouts covered under insurance?
If a tire blowout causes damage to your vehicle, it may be covered by your auto insurance. However, if the only damage was loss of the tire, this would not be covered. If the tire blowout causes an accident, this would be covered by your liability policy.
What if I am partially to blame for the accident?
Every state treats shared fault differently. For example, California has adopted a pure comparative negligence rule concerning car accidents, which means your total damages would be reduced by your percentage of fault, even if you were 99% to blame for the accident.
How can you stay safe after a tire blowout?
If you experience a tire blowout while driving, it’s important to remain calm. While you may be tempted to slam on your brakes, it’s better to accelerate slightly to regain control of the vehicle’s steering and move slowly to the side of the road as you remove your foot from the accelerator.