Can I Sue if I’m Injured by a Truck Tire Blowout or Retread in Texas?

Truck accidents can cause serious injuries and damage. While those injured by tire blowouts and separated treads (retreads) can pursue damages, one of the challenges is determining who’s liable for the accident.

Blowouts and Retread Separation

Tire blowouts refer to a sudden and rapid loss of tire pressure. If a rupture or burst occurs at high speeds, a driver can potentially lose control of the vehicle.

Tire retread separation occurs when the tread detaches from other parts of the tire. The tread may separate completely or partially. Surface defects such as bumps, cracks, and bulges are all signs of separation.

Both blowouts and tire separation can occur for multiple reasons. Determining the reason for the issue is a key component of establishing liability.

Who is Liable?

In general, either the manufacturer or the truck owner will be responsible for the accident. Manufacturing defects, poor maintenance, over- or under-inflation, and extreme temperatures are just a few of the reasons blowouts and tire separation occur.

For example, if a tire issue relates to a manufacturing defect, the manufacturer is more likely to be at fault. In contrast, if poor maintenance led to the accident, the truck’s owner is likely to be the responsible party.

Collecting a wide range of evidence is key to helping determine fault in truck accidents. In some situations, multiple parties may be at fault.

Proportionate Responsibility

One caveat is that Texas uses proportionate responsibility, also known as comparative negligence, in personal injury cases. If a plaintiff is more than 50 percent responsible for an accident, they cannot collect any damages.

This is the case even if a truck’s owner was negligent in maintaining the truck, and that negligence contributed to the accident. If the injured party is found to be more than 50 percent at fault in the accident, the truck company won’t be required to pay any damages.

Hire a Skilled Texas Personal Injury Lawyer

If you have questions about car and road accidents in Texas, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.