Over 37% of Texas vehicle accident fatalities involve some type of truck according to the National Highway Traffic Safety Administration (NHTSA.) While any number of factors can contribute to this, one most people don’t think of is tires. Defective tires can cause a tire to rupture or could detach from the vehicle. Regardless of what happens, defective tires can make the truck almost impossible to control. As a result, the truck can skid, rollover, or cross into oncoming traffic. Any one of these can result in a major collision, causing serious injury and extensive damage.
So if a defective tire malfunctions, and results in an accident, who would be responsible? The answer is not simple It could be several parties would potentially share responsibility. The tire manufacturer, the tire purchaser, the person driving, or the company responsible for managing the truck. After a wreck with a truck, it’s best to consult with a personal injury attorney. Your lawyer will be able to help narrow down who is responsible for your crash.
What exactly is a defective tire? In the U.S, tires have to meet federal motor vehicle safety standards. Sometimes, manufacturers fail to meet these standards or disregard them completely to increase profits. However, tires may also be defective for other reasons. Most manufactures may try and design a tire they believe to be safe, but changes in design or materials could cause the tire to no longer be safe.
The standards for all commercial vehicles operating in the U.S fall under the jurisdiction of the NHTSA. The Administrations often issues and even changes safety standards for trucks. For that reason, truck manufactures and trucking companies must conform to these standards as they change. So, when a tire is discovered to be defective, the NHTSA relies on these companies to be a complaint. If a tore is recalled, consumers are informed by mail, and then informed on how to remedy the issue. Failing to remedy the issue after being notified could be proof of negligence.
If a recall was not made, or if consumers have yet to be notified, the manufacturer may be liable for the crash. However, if the recall letters were issued and received, the purchaser of the tires may be responsible. If a tire was fixed or replaced, but the tire was fixed improperly or remained defective, the mechanic who fixed them may be responsible. These issues can become complicated quickly. That’s why it’s important to consult with an experienced trucking accident attorney.
Hit by an 18-Wheeler?
At Villarreal and Begum, we know dealing with the aftermath of an 18-wheeler accident can be stressful. That’s why we’re here to help you figure out what to do next. You need an experienced attorney to fight the liable party. Villarreal and Begum know exactly how to find who’s liable, and how to get you the money you deserve. If you have been in this situation, contact us today. Your consultation is always free. Call us or send us a message online. With offices in San Antonio and Austin, the Texas Law Guns will fight for you.