Two Seriously Injured in Accident with Semi-Truck
Two octogenarians, George and Patricia Schultz, were seriously injured after a tractor-trailer suffered a tire blowout. They had to be airlifted to a Reno hospital after the accident. The Schultzes were heading westbound on the SR-88 when a semi-truck driven by Juan C. Hernandez of Vacaville, California suffered a catastrophic tire blowout, crossed the median and struck their vehicle. The left front end of the semi struck the left front end of the Schultzes’ Honda CRV. At this time, their condition is unknown.
As a result of the accident, the semi-truck leaked diesel fuel onto the highway and hazmat teams had to be called to the scene to remove the chemical spillage. The cause of the accident is still under investigation, but the police reported that drugs or alcohol were not a factor in the crash.
Who is Liable for an Accident Like This?
Each and every time a truck leaves for a delivery, the company that owns the truck is expected to perform an inspection to ensure that the truck is roadworthy. After every 24 hours of driving, the truck driver driving the vehicle is expected to perform inspections as well. That doesn’t necessarily mean that either party is responsible for the accident, but it does mean they’re accountable if a routine inspection would have prevented the accident from occurring at all. Not only are they accountable for civil damages they caused when their truck failed, but they also may have criminal charges filed against them.
However, it isn’t always the trucking company or their driver’s fault when a tire blowout occurs. For instance, if some road condition contributed to the accident, the state may be held liable for leaving a dangerous condition on the roads that they knew could cause a serious accident if not corrected immediately.
Additionally, sometimes the tires are manufactured defectively and have some kind of problem that only needs the right conditions to set it off. In the event that the tire is a retread, it may have been retreaded improperly in which case the shop that performed the retread would be liable for the accident.
In any case, the plaintiff who has suffered serious injuries has the burden of proving that the defendant was negligent. As an example, if it turns out that the truck driver or trucking company failed to perform the routine inspections required by law, then the plaintiffs would make their case against the trucking company and their driver. If it was a faulty retread that caused the accident, then the plaintiff would file their claim against the company that performed the work. If a road condition caused the accident, then the plaintiff would file a lawsuit against the municipality in charge of maintaining the roads. If the issue was a manufacturing defect in the tire, then the plaintiff would file their lawsuit against the tire manufacturer.
Talk to a Tire Defect Attorney Today
If you’ve been injured in an accident caused by a tire blowout, chances are, the accident is not your fault. Call the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert today to schedule a free consultation and learn more about how we can help.