Truck Tire Blowouts Can Cause Serious Damage
Accidents involving truck tire blowouts are rare, but when they happen, they can be catastrophic. Blowouts can flip vehicles and cause serious injuries not only to the truck driver, but to vehicles and pedestrians around the truck. They can occur for several different reasons, from defective design to deliberate negligence, but the fact remains that if a tire blowout accident occurs, your injuries will likely be serious, and you have the right to seek compensation.
Several Different Causes
The actual, immediate cause of a truck tire blowout is when the air pressure gets too high, but there are a host of different causes for that pressure build-up. Some of the more common include:
- Impact with a bump in the road or other hazard;
- Overloading the cab;
- Worn or uneven tread;
- Overinflating one’s tires;
- Cuts or worn spots due to age; and
- Traveling too fast over roads in suboptimal condition.
While some of these events can happen due to sheer accident, a failure to maintain or inspect the tires can also lead to accidents later on. Negligence of this sort can lead to liability – not only for the truck driver, but also potentially for the trucking company and its maintenance staff. This is due to a legal concept called respondeat superior (aka vicarious liability).
Potential Product Liability Exists
In addition to the trucking company and its maintenance staff, there is one other potential avenue for an injured plaintiff to pursue compensation. Florida law recognizes a cause of action in product liability, which means that the manufacturer or seller of a defective item can be held liable for the damages it causes. Product liability cases can be brought based on negligence or strict liability, though a strict liability case is often harder to establish.
There are three potential claims that can be made in a product liability case in Florida: (1) a design defect occurred, arguing that the product was flawed from its very inception; (2) a manufacturing defect occurred, meaning that there was a fault in the process of physically creating the item; and (3) ‘failure to warn’ or ‘marketing defect’, meaning that the manufacturer knew of potential dangers in the product even if used exactly as intended, but failed to warn the public. Cases can quickly get complex, which is why enlisting an attorney is recommended.
Contact A Tampa Truck Accident Attorney
If you have been injured in a truck accident involving a tire blowout, you are likely struggling to get back on your feet. A compassionate Tampa truck accident attorney from the Rinaldo Law Group can help you determine the best path forward for you and your family. Contact our office today at (813) 831-9999 for a free consultation.
Source:
casetext.com/case/lopez-v-martens
