Liability Explained by Our Queens Trucking Accident Lawyers: 18 Wheeler Tire Blowout Accident
One of the scariest types of trucking accidents is an 18 wheeler tire blowout accident. This is when a wheel explodes while a truck is driving, usually on a highway or interstate at a fast speed. When the wheel is under the trailer bed portion of the truck, it could result in a violent explosion sending shrapnel into other vehicles along or behind the truck. In some instances, it could even cause the trailer to swing rapidly or sway into other lanes. But when the wheel is a front wheel under the cabin, it could cause the semi tractor-trailer to lose control and become an unguided missile on our roadways. Often times when front tire blows out a large truck will cross into oncoming traffic and cause a catastrophic head-on collision.
Here at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , our Queens trucking accident lawyers know how deadly and dangerous it can be when an 18 wheeler tire blowout accident injures innocent people. Our experienced legal team can work with police and NHTSA investigators to strengthen your claim against the defendant truck driver and trucking company. Proving liability for a tire blowout can be both simple and complex at the same time, as the fact a tire blowout occurred is outside the victim’s control but the parties liable for the blowout could be the truck driver, trucking company, maintenance company, tire manufacturer, or even the local municipality or State who is responsible for the roadway. It is typically for the defendants to commonly point fingers at each other to make more work for an injured victim. This is why it is important to have a legal team like ours represent you to defend your rights.
Federal Motor Carrier Safety Administration (FMCSA) Regulations on Tires
Since the trucking industry is an interstate industry and many trucks in New York City and Long Island are not originally from New York, a federal agency is deputized to create rules and regulations which serve as the minimum requirements throughout the United States. A large portion of the FMCSA’s regulations governs equipment, particularly tires.
Under 49 CFR section 293.75 (a), the FMCSA regulations prohibit a truck driver or trucking company from operating a commercial vehicle with a defective wheel or tire which has any of the following traits:
- Has body ply or belt material exposed through the tread or sidewall
- Has any tread or sidewall separation
- Is flat or has an audible leak, or
- Has a cut to the extent that the ply or belt material is exposed.
In addition, a commercial vehicle’s front tire must have a tread depth of at least 4/32 of an inch. This is to prevent bald tires that are prone to exploding in an 18 wheeler tire blowout accident.
Causes of Tire Blowouts
The main causes of tire blowouts are a truck driver or trucking company failing to inspect their tires, product defects, and maintenance teams failing to properly check, maintain, or install tires. There may be liability for a municipality such as a town, county, or the State for failing to properly maintain a roadway. However, commercial vehicle tires are meant to be very strong to withstand adverse road conditions. Therefore, most times the liability for an 18 wheeler tire blowout accident in New York is due to the negligence of a truck driver or trucking company.
Some of the most common reasons include the following:
- Improper maintenance
- Improper installation of the tire (not balanced)
- Overpacking a truck or excessive heavy loads
- Wrong tires such as tires not rated for that weight or for the speed (some tires are only for under 55 MPH)
- Product defects of the tire
- Aggressive driving such as hard turns
- Speeding and driving too fast, especially above what the tire may be able to sustain
- Distracted driving
- Failing to avoid potholes and other roadway debris or hazards
- Hitting a curb, barrier, or other fixture around the road
- Hard or excessive braking
- Fatigued and hours of service violations
- Drunk driving or drugged driving
- Delays in checking or replacing tires, and
- Many other dangerous or abnormal conditions.
Were You Injured in a New York 18 Wheeler Tire Blowout Accident Caused? We Can Help
A tire blowout accident is typically the type of accident that the truck driver, trucking company, or another third-party entity are responsible for—not the victim. Yet, insurance companies and trucking companies will do everything in their post to blame the victim for the trucking accident. This simply does not make sense.
But at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , our experienced Queens trucking accident lawyers know how an insurance company will try to manipulate a case. We won’t let them do that. Our aggressive team will fight to defend your rights to compensation for pain and suffering, lost wages, high medical bills, and other damages due to a negligent trucker. Ask for a FREE consultation by dialing 800-247-8164. You may also use our convenient and easy-to-use contact us box available here to securely communicate with our firm.
