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The short answer: More than one party can be liable for a truck tire blowout crash. The driver, the trucking company, a maintenance contractor, or the tire manufacturer may all share the blame. Fault usually comes down to who failed to inspect, maintain, or properly load the tire that gave out. In South Carolina, you generally have three years to file a claim, and your own share of fault can reduce what you recover.
One second, you’re heading down the interstate near Summerville. The next, an 18-wheeler’s tire explodes into shrapnel with a loud bang, and the truck lurches into your lane. Truck tire blowouts happen fast. The aftermath can leave you with serious injuries, stacks of medical bills, and a lot of questions about who’s responsible. If that’s where you are right now, you’re not alone, and you have options.
West Law Firm Personal Injury Lawyers has served the Lowcountry since 1945. Our attorneys handle motor vehicle accidents across the Summerville area and the surrounding region, and we offer a free consultation so you can understand your rights at no cost and no risk.
In this article, our Summerville truck accident lawyer discusses:
– Why a truck tire blowout is so dangerous.
– What causes truck tire blowouts.
– Who can be held liable for the crash.
– What FMCSA rules require for truck tires.
– How South Carolina law affects your claim.
Why Is a Truck Tire Blowout So Much More Dangerous Than a Car’s?
It comes down to size and weight. A fully loaded tractor-trailer can weigh up to 80,000 pounds, roughly 20 times the weight of the average car. When a tire fails at highway speed, the driver can lose control of that massive load in an instant.
Two things make these crashes especially devastating. First, the truck itself can jackknife, roll over, or cross into oncoming lanes, crushing whatever is in its path. Second, the blowout throws large, heavy chunks of tire debris (often called “road gators”) across the roadway, which can smash windshields or force other drivers to swerve into danger. In a smaller vehicle, you absorb the worst of that force.
What Causes Truck Tire Blowouts?
Most truck tire blowouts trace back to problems that proper care would have caught. They rarely “just happen.” Usually, there’s a preventable failure somewhere in the chain of people responsible for that truck.
Common causes include:
– Worn or bald tires with tread below safe limits.
– Defective tires with manufacturing or design flaws.
– Improper inflation, since underinflated tires overheat and fail.
– Overloading the truck beyond the tires’ rated weight capacity.
– Skipping required inspections and routine maintenance.
Figuring out which of these caused your crash takes investigation. That’s why it helps to involve attorneys who know how to preserve the tire, the maintenance logs, and the trucking company’s records before they disappear.
Who Is at Fault in a Truck Accident Caused by a Tire Blowout?
Several parties can be at fault, and often more than one shares the blame. Sorting out liability means looking closely at who was responsible for the failed tire.
Potentially liable parties include:
– The truck driver, who is required to inspect the tires and can be at fault for ignoring obvious wear or damage.
– The trucking company, which is responsible for maintaining its fleet, can be liable for skipping inspections or pushing unsafe trucks onto the road.
– A maintenance contractor hired to service or replace the tires, if sloppy work caused the failure.
– The tire manufacturer, if a design or production defect made the tire prone to failure.
These parties (and their insurers) will often point fingers at each other. Having your own attorney levels the playing field.
Not sure who’s responsible for your crash? That’s what we’re here for. Call 843-483-8630 to speak with a truck tire blowout accident attorney at no cost.
What Do FMCSA Rules Require for Truck Tires?
Federal regulations set clear tire safety standards that trucking companies and drivers must follow. The Federal Motor Carrier Safety Administration (FMCSA) enforces these rules, and a violation can be strong evidence of negligence.
Under 49 CFR § 393.75, any tire on the front wheels of a truck or truck tractor must have a tread groove pattern depth of at least 4/32 of an inch, and other tires at least 2/32 of an inch. The same rule bars a truck from operating with tires that carry more weight than their sidewall rating allows, or from running on tires with cold inflation pressure below that specified for the load being carried.
There’s more. 49 CFR § 396.3 requires every motor carrier to systematically inspect, repair, and maintain the vehicles under its control, ensuring that parts and accessories are in safe and proper operating condition at all times. When a company ignores these duties and a tire fails, that violation can help prove your case.
How Does South Carolina’s Comparative Negligence Rule Affect Your Claim?
South Carolina uses a modified comparative negligence rule with a 51% bar. You can still recover compensation as long as your share of fault isn’t greater than the defendant’s, but your award will be reduced in proportion to your own fault. If you’re found 10% at fault, for example, a $100K award drops to $90K. If your share of fault reaches 51% or more, you recover nothing.
You also have a deadline. Under S.C. Code Ann. § 15-3-530, the statute of limitations for most personal injury claims in South Carolina is three years, covering actions for injury to the person or to another’s rights. Wait too long, and you can lose the right to file entirely, so it’s smart to act early while the evidence is still fresh.
Frequently Asked Questions About Truck Tire Blowout Accidents
How much does it cost to hire a truck tire blowout accident attorney?
Nothing upfront. We work on a contingency fee basis, meaning no fee unless we win. Your consultation is free, and you don’t pay us anything unless we recover compensation for you.
What should I do after a truck tire blowout accident?
Get medical attention right away, even if you feel fine, and hold onto your records. Take photos of the scene, the debris, and your vehicle if you can. Then contact a truck tire blowout accident attorney before speaking with the trucking company’s insurer.
How long do I have to file a claim in South Carolina?
Generally, three years from the date of the accident under South Carolina law. Some situations can shorten or change that window, so don’t wait to get advice about your specific case.
Contact West Law Firm Personal Injury Lawyers Today
A truck tire blowout can turn your life upside down. You don’t have to face the trucking companies and their insurers alone. Our attorneys at West Law Firm Personal Injury Lawyers know how to investigate these crashes, identify every liable party, and build a strong claim on your behalf.
Contact us for a free consultation. Serving the Lowcountry since 1945, our Summerville office is located at 207 W Richardson Ave, Summerville, SC 29483. Call 843-483-8630 today.