Summary
A truck tire blowout can turn a commercial vehicle into an immediate roadway hazard, but the blowout itself does not automatically show who is legally responsible. In Georgia, liability may fall on the truck driver, motor carrier, maintenance contractor, tire manufacturer, loading company, or more than one party. The answer depends on why the tire failed and whether reasonable inspection, maintenance, repair, and loading practices were followed.
If you were injured after a tractor-trailer or another commercial truck suffered a tire blowout, the investigation should determine what caused the tire failure, who controlled the condition that caused it, and whether that failure contributed to the crash. Evidence can include the tire itself, maintenance files, inspection records, electronic vehicle data, cargo records, photographs, and expert analysis.
Princenthal, May & Wilson LLC represents people injured in serious Georgia truck crashes. More information about commercial vehicle claims is available here:
https://www.princemay.com/georgia-truck-accident-attorneys/
A tire blowout does not identify the responsible party. The cause of the tire failure determines where the investigation should focus.
Why Truck Tire Blowout Cases Are Different
A truck tire blowout can happen in seconds, while the condition that caused the tire failure may have developed over days or months. A worn tire may have remained in service too long. A maintenance provider may have missed visible damage. A motor carrier may have failed to replace a tire that had already been reported as unsafe. A tire may also fail because of a manufacturing defect, improper repair, overloading, underinflation, or a road hazard.
Federal tire rules for commercial vehicles prohibit operation on tires with exposed body ply or belt material, tread or sidewall separation, flat tires, audible leaks, or cuts that expose ply or belt material. Under 49 C.F.R. § 393.75, front tires on a truck or truck tractor must generally have at least 4/32 inch of tread in a major tread groove. Other covered tires generally require at least 2/32 inch.
Federal regulations also require motor carriers to systematically inspect, repair, and maintain vehicles under their control under 49 C.F.R. § 396.3. Drivers also have duties concerning equipment condition. Under 49 C.F.R. § 392.7, a commercial vehicle should not be driven unless the driver is satisfied that listed equipment, including tires, wheels, and rims, is in good working order.
Georgia law separately addresses tire condition. O.C.G.A. § 40-8-74 requires commercial vehicles to have at least 4/32 inch of tread on front tires and prohibits certain unsafe tire conditions, including cuts deep enough to expose body cord, bumps, bulges, and separations.
The Truck Driver May Be Liable
A truck driver may be liable when evidence shows that the driver knew or should have known that a tire was unsafe and continued to operate the commercial vehicle. A tire problem may be reflected in visible damage, severe tread wear, repeated pressure loss, unusual vibration, exposed cord, or a prior report concerning the tire.
The facts can also point away from the driver. A driver may have reported a tire problem before the crash, only for a motor carrier or maintenance company to return the truck to service. Inspection reports, messages, maintenance records, and dispatch communications can help show who received a report and what happened after the problem was identified.
Adam Princenthal
Attorney At Law
David May
Attorney At Law
Matthew Wilson
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The Trucking Company May Be Responsible
A trucking company may be responsible for a tire blowout crash when its inspection, maintenance, repair, or replacement practices contributed to the tire failure. Federal motor carrier rules require systematic inspection, repair, and maintenance of vehicles under a carrier's control, along with specified maintenance records.
A trucking company liability investigation may examine whether the carrier delayed tire replacement, ignored a driver's report, kept an unsafe tire in service, or failed to address a recurring tire problem.
Investigators may ask:
- When was the tire installed?
- When was the tire last inspected?
- Were there earlier complaints about pressure loss, vibration, wear, or damage?
- Was the tire repaired before the crash?
- Who approved the truck for continued operation?
- Were inspection or maintenance intervals missed?
- Was the vehicle carrying a load that placed excessive stress on the tire or axle?
A Maintenance or Tire Service Company May Share Liability
A maintenance or tire service company may share liability when careless inspection, installation, repair, or tire service contributed to the blowout. Motor carriers often use outside vendors for tire changes, inspections, wheel work, balancing, mounting, and repairs.
For example, an investigation may examine whether a service provider improperly repaired a tire, installed an unsuitable tire, failed to identify visible sidewall damage, or returned a damaged tire to service. Invoices, work orders, photographs, service histories, and technician notes can help establish what work was requested, what work was completed, and what condition the tire was in when the truck left the shop.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.”
- Debau
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- Nancy K.
I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!"
- Jacque Minor
The Tire Manufacturer May Be Liable for a Defect
A tire manufacturer may be liable when a defective tire caused or contributed to the crash. Some tire blowouts result from a defect in design or manufacturing rather than poor maintenance or operation.
Georgia product liability law can permit a claim against a manufacturer when the product was not merchantable and reasonably suited to its intended use when sold and its condition was the proximate cause of the injury. A product defect investigation may focus on tread separation, belt failure, manufacturing irregularities, materials, tire age, recall information, and whether the tire was substantially altered after it left the manufacturer.
The failed tire should be preserved whenever possible. If the tire is discarded, destroyed, repaired, or separated from the wheel before a qualified expert can examine it, valuable evidence may be lost.
More information about defective product claims is available here:
https://www.princemay.com/georgia-product-liability-attorneys/
A Loading Company or Shipper May Be Involved
A loading company or shipper may be involved when improper cargo loading contributed to excessive stress on a tire or axle. An overloaded truck or unevenly distributed cargo can place additional weight on part of the vehicle.
When a separate warehouse, shipper, broker, or loading contractor controlled part of the loading process, investigators may review bills of lading, scale tickets, cargo records, loading instructions, axle weights, and communications concerning the shipment. Liability depends on the specific facts and whether the loading decision can be connected to the tire failure and crash.
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Several Parties Can Be Liable at the Same Time
Several parties can be liable in the same truck tire blowout case when more than one act or failure contributed to the crash. A tire may have been worn, a maintenance vendor may have missed the problem, and a motor carrier may have delayed replacement. A driver may also have received warning signs before continuing to operate the vehicle.
Georgia follows a modified comparative fault system under O.C.G.A. § 51-12-33. If an injured plaintiff is partly responsible, damages can be reduced according to the plaintiff's percentage of fault. A plaintiff who is 50 percent or more responsible cannot recover damages under that statute. Georgia law also provides for apportionment of damages among liable persons in covered cases.
A complete truck tire blowout investigation can be important because focusing only on the driver may overlook a company whose maintenance, loading, or product-related conduct also contributed to the crash.
What Evidence Can Help Prove a Tire Blowout Claim?
Evidence in a truck tire blowout claim should help answer what failed, why it failed, when the problem developed, and who had responsibility for the relevant vehicle, tire, repair, or load.
Useful evidence may include:
- The failed tire, wheel, rim, and damaged components
- Tire fragments recovered from the roadway
- Photographs and video from the crash scene
- Driver vehicle inspection reports
- Maintenance and repair records
- Tire purchase, installation, and replacement records
- Tire pressure monitoring data, when available
- Dash camera footage
- Electronic vehicle data
- Cargo records, bills of lading, and weight documents
- Scale tickets and axle-weight records
- Witness statements
- Police crash reports
- Recall, warranty, or manufacturing information
- Communications about tire condition, maintenance, or repair
The Georgia Truck Accident Guide addresses other issues that can arise early in a commercial truck claim:
https://www.princemay.com/georgia-truck-accident-guide/
Evidence preservation can become urgent after a commercial truck crash. A truck may be repaired, a failed tire may be discarded, and electronic information may be overwritten. A preservation letter can identify evidence that should be retained while a claim is investigated.
What If the Trucking Company Says the Blowout Was Unavoidable?
A trucking company may argue that a tire blowout was unavoidable because a sudden road hazard damaged a tire that was otherwise safe. Not every tire failure is caused by negligence or a product defect.
That explanation can be compared with the physical condition of the tire, tread depth, inflation history, repair history, tire age, load, prior complaints, wheel condition, suspension condition, and roadway evidence. A qualified tire or engineering expert may be able to evaluate whether the failure is more consistent with a sudden external impact or a condition that developed over time.
How Long Do You Have to File a Georgia Truck Accident Lawsuit?
A Georgia truck accident lawsuit involving personal injury is generally subject to the two-year limitation period in O.C.G.A. § 9-3-33. Exceptions and other rules can change the deadline in a particular case, so the filing period should be evaluated using the specific facts.
The lawsuit deadline is not the only timing concern in a truck tire blowout case. Physical evidence, video, vehicle data, maintenance documents, and witness memories can become harder to preserve as time passes.
People considering legal representation can review Attorney Adam Princenthal's background in serious injury and trucking matters here:
https://www.princemay.com/attorney-adam-princenthal/
How a Georgia Truck Accident Lawyer Can Help
A Georgia truck accident lawyer handling a tire blowout case may identify the truck owner and motor carrier, send preservation notices, obtain maintenance and cargo records, arrange an expert examination of the failed tire, review applicable safety rules, analyze insurance coverage, and identify parties whose conduct may have contributed to the crash.
A tire blowout case can require a broader investigation when the evidence points to conduct by a driver, carrier, maintenance contractor, manufacturer, loading company, or more than one of those parties.
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Talk With a Georgia Truck Accident Lawyer About a Tire Blowout Crash
If you or a loved one was injured after a commercial truck tire failed on a Georgia road, the cause may not be clear from the crash report alone. Princenthal, May & Wilson LLC can review the available evidence, examine parties that may be responsible, and explain the legal options that apply to the specific facts.
The firm represents people injured in serious truck crashes throughout Georgia and has offices in Sandy Springs and LaGrange.
Call (678) 534-3749 to request a consultation.
You can also contact the firm here:
https://www.princemay.com/contact-us/
This article is for informational purposes only and is not legal advice. Every case is different. Consult an attorney about your specific situation.
