Tractor trailer drivers are trained on how to drive their big trucks, and must understand the intricate controls that make a large truck maneuverable. The size discrepancy between a big rig and a passenger vehicle is notable, and the reason why damages are so high after accidents with tractor trailers. Miami is a crowded city undergoing constant highway repairs and high volume traffic at any time of the day, increasing the likelihood of dangerous encounters involving big rigs. Florida makes the list of states that have a higher number of truck accidents over others that make up the total of 500,000 U.S. highway trucking accidents annually. Driver error is most often the cause of a multi-vehicle accident, but sometimes the problem is unpreventable mechanical failure such as a tire blowout.
Tire blowouts occur when the weather is hot and long driving occurs with heavy cargo loads. Tire blowouts are caused by: 1) poor roadway conditions including potholes or uneven gradients where the impact pinches the internal components of the tire between the wheel and the pothole and if the impact is severe enough, it could cut through the tire and cause a blowout; 2) overloaded cargo puts more strain on the tires then they are designed to support; 3) poor maintenance over a long period of time can cause worn tires that are susceptible to the tread falling off and/or a tire blowout; 4) underinflation causes the internal portions of the tire to weaken, and 5) roadway debris can damage a tire and cause it to blow out.
When a large truck has a tire blow out, depending on the weight and speed of the vehicle, it will suddenly swerve in the direction of the damaged tire and can cause substantial damage to other vehicles or independently in a jackknife or rollover situation. Cargo can overflow onto the roadways and cause other vehicles to have accidents or tire debris can land on other cars startling drivers causing additional accidents.
If the driver is at fault, or it can be proven that they did not maintain their tires in an appropriate fashion, their insurance or the trucking company’s insurance may have to pay, and if there are legal claims beyond insurance coverage, they would be the liable party. This could occur if the tires were worn or the pressure was low, especially in a warm place like Miami where it does not take much to heat up the tire and have it blow out. In this case, the truck driver/company would be subject to legal liability for the blowout because of failure to maintain the truck’s tires in a way a reasonably prudent truck driver/company would have.
If the tires were defective and that was the cause of the blowout, a products liability case could be initiated to pay for damages. It would need to be proven that the tire had a design or manufacturing defect, and/or warnings were not given regarding specific operating instructions to avoid a blow out situation.
Hire a lawyer.
Talk to a truck accident attorney who knows the laws and can give the proper attention to your case to secure damages for your individual situation. Please contact the Law Offices of Orlando R. Murillo for a consultation to review the conditions surrounding your accident.
Orlando R Murillo P.A.
7350 SW 89th Street, Toscano Building
Miami, Florida 33156