I-10 Closed for 8 Hours After Semi Suffers Tire Blowout
The I-10 in Monticello outside of El Paso had to be closed down for nearly 8 hours after a tractor-trailer suffered a tire blowout. The driver lost control of the trailer after the tire blowout causing the vehicle to collide with a barrier that caused the vehicle to go up in flames. Police said that both the truck driver and a passenger were able to escape the vehicle before it burst into flames. No one was injured, thankfully, and cleanup crews managed to restore all lanes of the I-10 to functioning order in eight hours’ time.
Who is Responsible for This Accident?
While no one was injured, if someone had been injured, there would likely be a lawsuit against the trucking company and their driver. Why would the trucking company be responsible for the accident? Federal regulations require that all trucks that are sent out on delivery are required to be inspected prior to leaving for delivery. If it can be determined that the accident was preventable had the trucking company performed a proper inspection, then the trucking company would be considered wholly liable for the accident.
In fact, if the driver’s negligence was the root cause of the tire failure and someone was seriously injured or killed as a result of the accident, the driver could be charged with negligent homicide. While negligent homicide is not as severe a charge as murder, it does have a significant prison sentence associated with it. To make matters worse for the driver, they can also be sued by the family or individual who was injured to recover damages related to their injuries, lost time from work, medical expenses, pain and suffering, and reduced quality of life.
Why does the law scrutinize the driver in these accidents? Well, federal regulations require that the driver perform an inspection after every 24 hours out on the road. Typically, these inspections should include the tires as tire failure is one of the most common causes of accidents due to a mechanical problem that trucking companies face.
Is the Driver and Trucking Company Always Responsible?
No. In fact, the driver and their trucking company can do everything right and still experience a tire blowout due to any of a number of other negligent parties. The most common of these parties are service shops that retread and install tires for large trucking companies. If the procedure for retreading the tire isn’t done exactly right, the tire could suffer a tread failure while it is out on the road and it wouldn’t be the trucking company’s fault at all. In other cases, the tires have not been installed properly or the mechanic installed the wrong size tire leading to a blowout. In those cases, it would be the shop’s responsibility to pay for the damages.
Talk to a Defective Tire Lawyer Today
If you’ve suffered an unexpected tire blowout in the Florida area, the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert can help you file a claim against any and all negligent parties. Talk to us today to set up a free consultation.