Can a Driver Be Liable for a Crash Caused by a Tire Blowout?
Tire blowouts can be terrifying and dangerous, particularly when they occur on a busy highway. They often result in the driver losing control of the vehicle, potentially leading to accidents that can cause injury to other road users. One of the critical questions that arise in the aftermath of such an incident is: Is the driver with the tire blowout responsible for hitting your car, or do you have to pay for your own damages if they collide with your vehicle?
Kevin L. Sullivan II has extensive experience handling cases involving injured victims of crashes, and we understand that determining fault in any accident, including those caused by a tire blowout, is not always straightforward. Liability depends on a variety of factors that investigators must consider before they can determine who is responsible. Here, we’ll discuss the common causes of tire blowouts and who might be liable for your damages.
Determining Liability: Who Can Be Held Responsible?
Determining liability for a tire blowout accident can be complex. Investigators, including first responders and accident reconstruction experts, will typically examine the tires and other available evidence to assess what caused the blowout and whether it could have been prevented.
Several parties may be held responsible in a tire blowout accident, including:
1. The Driver with the Blown Tire
Often, the driver of the vehicle that experienced the blowout may be held partially or fully responsible for the resulting crash. The driver’s responsibility typically hinges on whether they properly maintained their tires and vehicle.
- Lack of Maintenance: Drivers are legally required to maintain their vehicles in a safe condition, which includes regularly checking tire pressure, inspecting for wear and tear, and replacing tires when necessary. If a blowout occurs due to worn tires or improper tire pressure, the driver could be deemed negligent.
- Improper Tire Pressure: If a driver fails to keep their tires inflated to the recommended pressure (whether over or under), they could be liable if this negligence results in a blowout and subsequent accident.
2. The Tire Manufacturer
In some cases, the tire itself may be defective due to a manufacturing issue. If a tire blowout is determined to have been caused by a defect, the tire manufacturer could be held liable under product liability laws. This would involve proving that the tire had an inherent defect that made it unreasonably dangerous when used as intended.
3. The Vehicle Manufacturer or Mechanic
If the blowout was caused by improper installation or a design defect related to the vehicle (such as a faulty tire pressure monitoring system), the vehicle manufacturer or a mechanic who recently worked on the tires could be held responsible.
4. The Municipality or Government Entity
If the blowout was caused by a road hazard, such as a poorly maintained road or unmarked construction area, the local government or agency responsible for road maintenance could be liable. However, claims against government entities are often complex and subject to strict procedures and timelines.
This post was written by a professional at Kevin L. Sullivan II. Attorney Kevin L. Sullivan II is your car accident lawyer Gibsonton FL, and the best personal injury attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.