Commercial Vehicles & Tire Blowouts

Commercial motor vehicles (CMVs) are often seen on Florida roads, but many people do not realize how much care and maintenance goes into ensuring they operate safely. From tune-ups to part replacements, commercial motor vehicles require even more upkeep than most private cars, given how often they are in motion. One common cause of accidents involving commercial vehicles is a tire blowout – unlike some other mechanical mishaps, a tire blowout makes it all but impossible to control a large CMV for long.

Why Do They Happen?

There are many different reasons why a tire might explode or blow out, with some being easily attributable to negligence. For example, among the most common reasons for a blowout is underinflation – if a tire is underinflated, its rubber will ‘flex’ and generate more heat than usual, increasing the chances of a blowout. If it can be shown that a maintainer or mechanic failed to properly inflate the tires, it may be used as evidence of negligence.

Other possible reasons for blowouts include:

• Improper maintenance, such as failure to rotate the tires or replace worn sets
• Overloaded cargo, putting more weight on tires than they are built to withstand;
• Defective tires. Tires may be defective either by virtue of their design, or there may have been a flaw in their manufacturing process, but either can lead to a blowout-related accident.

Both the states and the U.S. federal government have safety standards for commercial vehicles, and a failure to maintain a vehicle in an appropriate way can lead to trouble for the company as well as any driver who allegedly causes an accident.

Who Is Liable?

After an accident involving this type of event, it can be confusing to determine how to move forward. If a driver’s negligence causes injury to another driver, one normally files suit against the driver (and sometimes, their employer) … but if the direct cause of the accident can be tied to the tire blowout, the case may require a very different approach in order to get you the compensation you deserve.

Some tire blowouts can be traced to improper maintenance or other failures that may have happened on the part of the vehicle’s servicer or maintainer. However, some are defective from the beginning, and these incidents are usually handled under the legal theory of product liability. If a product can be proven defective under Florida law, a plaintiff can very often recover from the manufacturer as a matter of law.

Contact A Tampa Commercial Vehicle Accident Attorney

Commercial vehicles are usually very large, and have many different moving parts which all must be in good working order for them to operate safely. If you have been involved in an accident with a commercial vehicle and a tire blowout has happened, let a Tampa commercial vehicle accident attorney from the Rinaldo Law Group help you through the legal process. We are here to help – contact our office to schedule a free consultation.

Source:

federalregister.gov/documents/2019/12/19/2019-27209/federal-motor-vehicle-safety-standards-tires