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When Is a Tire Blowout an At-Fault Accident?

June 30, 2020

Tire blowouts happen unexpectedly, causing drivers to lose control of their vehicles and veer off the road or into other cars. At high speeds, this can cause a dangerous car accident that results in catastrophic injuries, including traumatic brain injuries and fatalities. Tragically, hundreds of innocent people die and thousands are injured each year in accidents caused by tire blowouts.

What Determines Fault?

In other types of car accidents, determining fault usually focuses on whether a motorist was using caution and driving in a reasonable manner. However, careful drivers following all the rules of the road may still experience a tire blowout due to no fault of their own if there are hazardous road conditions, including:

  • Running over a nail or other unseen debris
  • Unknowingly driving on extremely hot pavement
  • Hitting an unexpected pothole

Under these circumstances, a tire blowout may not be considered an at-fault accident if there were no other contributing factors.

However, a tire blowout may be deemed an at-fault accident if it can be shown that the driver was negligent in properly maintaining or loading the vehicle. Specific factors indicating negligence include but are not limited to the following:

  • Auto defects
  • Tire pressure being grossly overinflated or underinflated
  • Bald tires or badly worn treads
  • An overloaded vehicle

In the case of a defective product, the tire manufacturer may be held liable. However, the case may become complicated if the driver was aware that the tires had been recalled due to the defect. According to the National Highway Traffic Safety Administration (NHTSA), more than 46 million tires have been recalled nationwide since 1966.

Drivers Have Responsibilities

All drivers are responsible for maintaining proper tire pressure and monitoring tire wear. A tire blowout may be deemed an at-fault accident if it can be proven that the driver neglected this responsibility.

Truck drivers must adhere to additional regulations, including regularly inspecting their vehicles and ensuring that loads are balanced and within state and federal limits. As a result, truck drivers, trucking companies, and other parties may be considered at-fault in a truck accident involving a tire blowout if they violated regulations.

Assessing Fault in Virginia Car Accidents

In Virginia, car accident victims have the right to seek damages from the person deemed responsible for causing the crash. Therefore, establishing fault is key to a successful claim. If you have been injured in an accident caused by another driver’s tire blowout, gathering evidence to prove negligence is crucial. Insurance companies may refute fault and minimize any claims. Proving fault successfully will likely require the counsel of a skilled car accident lawyer.

Virginia Beach Car Accident Lawyers Are Skilled at Collecting and Presenting Evidence to Maximize Settlements for Innocent Victims

If you were in a car accident caused by another vehicle’s tire blowout, you may face legal challenges in proving that the other driver was responsible. Our skilled Virginia Beach car accident lawyers will help you obtain the compensation you deserve. At East Coast Trial Lawyers, we confidently take on challenging cases, and protect the rights of innocent accident victims. Call us at 757-352-2237 or contact us online for a free consultation. Located in Virginia, Beach, Virginia, we serve clients throughout Chesapeake, Eastern Shores, Hampton, Newport News, Norfolk, Portsmouth, and Suffolk, Virginia, as well as North Carolina and nationwide.

Areas We Serve

Our law firm proudly serves clients injured anywhere in Virginia or North Carolina on personal injury claims, including cases with traumatic brain injury, spinal and neck injury, wrongful death, and more serious injuries. As Virginia Beach personal injury attorneys with many years experience, our team of lawyers will be ready to fight for you. If you were injured on the job, our Virginia Beach Workers Compensation lawyers are ready to serve you.

Call 757-352-2237 or fill out the online contact form for a free consultation about your personal injury, workers compensation, or other attorney services. Our firm adopts a team approach to every case, so while one primary lawyer will be assigned to your case, you have the benefit of an experienced team of lawyers, all working on your side. We are located in Virginia Beach, VA, and serve clients who were injured anywhere in Virginia or North Carolina.

301 Bendix Road, Suite 460
Virginia Beach VA 23452
Ph: 757-352-2237 | Fax: 757-994-8910