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  • Tire Blowout Causing Tractor Trailer Accident: Albuquerque, New Mexico Lawyers

    by Mark Caruso | 2019-11-08 | New Mexico Truck Accident Attorney , NM Truck Accident Lawyer , Truck Accident Attorney , Truck Defects

  • Tractor trailers, 18 wheelers, big rigs, and other large box trucks have one thing in common–they have lots of wheels.  And these wheels are very important.  Even though there are many wheels on the cabin and the trailer, the failure of one wheel could set off a disastrous chain of events causing a tractor trailer accident.  In fact, a tire blowout is commonly the cause of many tractor trailer accidents, including some of the more recent ones in the news.  Learn more about how a tire blowout could cause a tractor trailer accident from our Albuquerque, New Mexico lawyers.

    Why Are Tire Blowouts So Dangerous

    A tire blowout is incredibly dangerous.  Despite the fact that 18 wheelers have massive wheels and many different wheels, even one tire can cause a truck driver to lose control.  This could cause a truck driver to roll over, jackknife, or cross over the centerline to cause a head-on collision.  Since commercial trucks are so heavy and large, any of these actions could result in catastrophic collisions resulting in the wrongful death or permanent injuries of a person.

    Liability for Tire Blowouts

    While a truck driver and trucking company might be quick to say that a tire blowout was not their fault, that is not exactly the case.  If the tire had some manufacturing defect, it may be the tire manufacturer’s fault.  But otherwise, liability for a tire blowout generally falls on the truck driver and trucking company.

    This is because the victim of the tractor trailer crash cannot be responsible since they did not have control, use, or responsibilities regarding the tire.  Both New Mexico law and federal regulations from the Federal Motor Carrier Safety Administration (FMCSA) place the burden on these tractor trailers and truck drivers.

    One of the most important FMCSA regulations relates to a tractor trailers tires.  Under 49 CFR s 393.75 (a), “[n]o motor vehicle shall be operated on any tire that–

    1. Has body ply or belt material exposed through the tread or sidewall,
    2. Has any tread or sidewall separation,
    3. Is flat or has an audible leak, or
    4. Has a cut to the extent that the ply or belt material is exposed.”

    In addition, 49 CFR 392.7(a) provides that “[n]o commercial motor vehicle shall be driver unless the driver is satisfied that following parts and accessories are in good working order . . . tires.”  The next subdivision (b) requires truck drivers to inspect the “wheels, rims, lugs, tires” BEFORE a truck goes onto the roadway.

    Injured in a Tractor Trailer Accident Caused by a Tire Blowout?  Our Albuquerque, New Mexico Lawyers Can Help

    When the FMCSA regulations or New Mexico law is violated, victims of tractor trailer accidents may be entitled to compensation if a tire blowout was the cause or probable cause of the trucking accident.  If you or a loved one have been seriously injured in a tractor trailer accident case, please call to schedule your FREE appointment with our lawyers at the Mark Caruso by dialing (505) 883-5000.  

    We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico.  Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.