Anyone who has driven on an interstate or highway has likely seen the aftermath of a tire blowout. Accompanied by tire skid marks and pieces of rubber laying on the side of the road, accidents caused by tire blowouts can be serious and even deadly. If you’ve ever driven in wet or icy road conditions and briefly lost control of your vehicle, you know just how frightening this experience can be. When tire blowouts happen, they can lead to serious accidents and cause you or other drivers on the road serious injury. However, if you or a loved one have been involved in an accident caused by another vehicle’s tire blowout, you may be wondering if a tire blowout is an at-fault accident.
In this blog, we discuss whether or not tire blowouts are at-fault accidents as well as outline some important statistics regarding tire-related auto accidents in Kentucky.
Tire-Related Accident Statistics
Given the frequency at which tires fail, it’s no surprise that these types of accidents are so common. According to data gathered by the NHTSA, tire-related crashes led to 738 fatal traffic accidents in 2017, and these accidents account for about 2 percent of all fatal traffic accidents. As for non-fatal traffic accidents, the same organization reported that tire failure contributed to five to ten percent of all traffic accidents.
The NHTSA also found that underinflation and poor tread were the two leading causes of tire failure and that tire-related accidents are more likely to lead to a car rolling over than any other type of accident. Unsurprisingly, adverse weather conditions increase the chances of tire failure.
Liability and Negligence
In the event of tire failure causing an accident, the vehicle’s owner may have a claim against the tire manufacturer or the company that installed the tire. You must be able to prove that the tire was defective or improperly installed, however. Referred to as product liability claims, these cases are very common in the United States, especially when dealing with tires.
An experienced car accident lawyer may be able to prove that the tire was defective or improperly installed, at which point you will be able to recover damages for your injuries. An expert Kentucky personal injury lawyer will be needed for this case, as they will have to review the facts of the case, examine the evidence, and establish where the defect occurred. They will then testify during your trial to establish liability.
In some cases, the responsible party is not the manufacturer of the tire or the company that installed it, but the vehicle’s owner. If the other driver negligently maintained the tires or was aware of a defect, you may have a claim against them. However, you must establish that the driver was aware that the tires were in poor condition and likely to cause an accident, as well as establish that the driver had the opportunity to resolve the issue but chose not to. An expert may then establish that the accident was caused by the defective tire and not a separate circumstance.
Even drivers who regularly maintain and inspect their tires can still experience a blowout. Keep in mind that if there are no indications of wear and tear and the driver regularly maintained their vehicle’s tires, they will most likely not be found guilty of negligence.
Contact a Kentucky Personal Injury Lawyer Today
At McCoy & Sparks, our Kentucky car accident attorneys have extensive experience with car accident cases. Our experienced legal team understands Kentucky law and car accident injuries and has a track record of success maximizing the recovery of damages for our clients. Our job is to fight for you. We’re here to help you get the compensation you deserve.
Contact McCoy & Sparks Attorneys at Law, your Central Kentucky personal injury lawyers, at 1-844-4KY-WINS or fill out our online form to set up a free consultation. Our offices are located at 212 W. Stephen Foster Ave. in Bardstown, Kentucky.