Given the weight and size of large trucks, any accident involving a big rig has the propensity to cause extreme injury and death. There are a variety of factors that lead to accidents with these large tractor trailers, and It’s important that you do your best to stay safe and avoid dangerous situations with these large vehicles while out on the road. If you or someone you know has been injured during an accident involving a commercial truck, please contact an experienced Sacramento accident injury attorney who can evaluate your case and provide you with sound legal advice.
To prove “causation” in a car accident case, the plaintiff must generally show a sufficient causal link between the defendant’s conduct (e.g. the act of negligence) and the harm suffered by the plaintiff. However, many car accidents have more than one cause and the picture is rarely clear. If a truck driver has a tire blowout because the tire strikes some sharp and unavoidable object on the road, the driver may not be deemed responsible for the blowout. In that same scenario, a trucker who attempts to avoid the object and causes his tire to blowout as a result of his evasive action, may be deemed responsible for causing the accident. If that truck driver’s actions were deemed to be far from the appropriate action given the situation, negligence could be established by proving the truck driver failed to carry out his or her duty of care as a commercially licensed operator.
Truck tire blowouts happen for many reasons and can include:
It is common for truck drivers who cause an accident as a result of a tire blowout to attempt to deflect responsibility for the accident to the tire manufacturer by claiming a manufacturing defect with the tire as the cause. More often than not, the blowout is proven to be a result of improper maintenance, and the trucker or trucking company will be deemed liable. If a truck driver failed to follow the FMCSA regulations, the truck driver or company could in fact be found negligent. A brake inspector who failed to conduct an appropriate inspection may also be found liable in this scenario. If multiple defendants are alleged to be at fault for an accident, the jury will determine a plaintiff’s damages and assign each defendant a percentage of liability. Because each case is unique, it is important to contact an experienced personal injury attorney who can help with your unique situation.
All California truck drivers have a duty to maintain and inspect their vehicles, and this includes performing system checks on their brakes and tires before every trip. Under these regulations, commercial trucking companies are required to inspect every commercial motor vehicle subject to their control and ensure their proper operability. It is also a requirement to make sure the brake inspectors they employ are trained and qualified to perform quality inspections that ensure the safety of everyone on the road. The chances of a tire blowout are greatly reduced through routine maintenance. If a bigrig blowout caused an accident, chances are there was a maintenance issue that was ignored. If you were injured during a commercial truck’s tire blowout, you may be entitled to compensation for medical bills and any pain and suffering you were forced to endure. Contact an experienced accident injury attorney for help immediately.
Contact our Sacramento accident injury attorney to discuss your injury concerns. We offer a free initial consultation where you can get honest answers to your questions and learn more about your rights in these matters. Please call (916) 357-6767 or send us an email to schedule an appointment