In Texas, a truck tire blowout crash can be a claim against the carrier for poor inspection and maintenance, against the driver for overloading or ignoring warning signs, and sometimes against the tire maker or retreader for a defect. Federal rules set minimum tread depth and inspection duties. The failed tire is the key evidence and must be preserved. Owsley Law Firm handles these cases and charges no fee unless it wins.
Why do truck tires blow out?
Most blowouts have a cause that someone should have caught. Underinflation builds heat in the sidewall, especially on long summer runs across Texas. Overloading pushes a tire past its rating. Worn tread, cuts, and old repairs weaken a tire long before it fails. Poorly done retreads can separate. And occasionally a tire is defective from the factory.
- Underinflation and heat buildup
- Overloaded axles
- Worn tread below legal limits
- Damaged sidewalls and improper repairs
- Retread separation
- Manufacturing or design defects
What rules govern truck tires?
Federal rules in 49 CFR 393.75 set tire requirements, including minimum tread depth, which is deeper for steering axle tires than for other positions. Drivers must inspect their vehicles before driving, and carriers must systematically inspect, repair, and maintain them under 49 CFR Part 396. A blowout on a tire that was visibly worn, bulging, or underinflated is usually a maintenance failure.
Who is liable after a blowout crash?
The carrier is responsible for maintaining its tires and for its driver's inspections. A maintenance shop or tire service company that worked on the tire can share responsibility. If the tire failed because of a defect, the manufacturer or retreader can be responsible under Texas product liability law in Chapter 82 of the Civil Practice and Remedies Code. Fault is allocated among all of them under Chapter 33.
What about tire debris on the highway?
Pieces of shredded truck tread, sometimes called road gators, are common on Texas interstates. A driver who swerves to avoid tread or strikes it can be seriously hurt. If the debris can be traced to a specific truck, that carrier can be responsible. Tracing it is difficult, which is why witness accounts and camera footage matter, and why uninsured motorist coverage can play a role when the truck cannot be identified.
Why is the tire itself the most important evidence?
A failed tire tells an expert whether it was underinflated, overloaded, damaged, improperly repaired, or defective. Carriers sometimes discard the tire or the remnants with the rest of the debris. A preservation demand should go out immediately asking that the tire, the wheel, and any remnants be kept, along with the vehicle's tire purchase, rotation, and inspection records.
What injuries do blowout crashes cause?
A blowout on a steering tire can pull a truck across lanes or into oncoming traffic, causing head-on and side-impact crashes with severe injuries. A blowout on a trailer tire can cause a jackknife or send debris into following cars. These are high-energy crashes, and the injuries are documented and treated accordingly.
What should you do after a truck tire blowout crash?
Photograph any tire pieces on the road, the truck's damaged wheel position, and the truck's company name and number. If the tire remnants are still at the scene, tell the responding officer they may be evidence. Get witness names, since other drivers may have seen the tire fail or debris strike vehicles.
Seek medical care and keep your vehicle available for inspection. Avoid recorded statements to the carrier's insurer until the cause of the failure has been looked at.
Can weather or road conditions explain a blowout?
Carriers sometimes blame Texas summer heat or road debris. Heat does increase stress on tires, but carriers operating in Texas know that and are expected to maintain proper inflation and load limits accordingly. Road debris can puncture a tire, but a properly maintained tire usually deflates rather than exploding violently. These defenses are tested against the physical evidence of the failed tire and the maintenance records.
What damages can be recovered after a blowout crash?
Injured people can recover medical expenses, lost income, loss of earning capacity, pain, mental anguish, physical impairment, and disfigurement, along with property damage. When a carrier ran a tire it knew was unsafe, or ignored drivers' defect reports, exemplary damages may be available under Chapter 41 on proof of gross negligence.
In product cases against a tire maker or retreader, the claim may also include defects in design or manufacturing, which are proven through expert testing of the tire and comparison with industry standards. Those claims can bring additional insurance into a case where the carrier's coverage is limited.
Who pays when the truck cannot be identified?
When tread on the road came from a truck that kept going, the injured person may be able to claim under their own uninsured motorist coverage, depending on the policy's terms. Policies often require prompt reporting to police and the insurer, so report the crash and the debris right away.
How long do I have to file a claim?
Texas generally allows two years from the crash under section 16.003 of the Civil Practice and Remedies Code. Product liability claims also have a separate outside time limit, so early review matters if a tire defect is suspected.
Common questions
What clients ask about tire blowout crashes.
Is a tire blowout an accident nobody can be blamed for?
Rarely. Most blowouts trace back to inflation, overloading, wear, repairs, or defects that someone was responsible for.
Can I sue the tire manufacturer?
If the tire was defective, yes, under Texas product liability law. That requires expert analysis of the failed tire.
I hit tire debris on the interstate. Do I have a claim?
Possibly, if the source truck can be identified. Your own uninsured motorist coverage may also apply.
What should I do with the tire if I have it?
Keep it. Do not let anyone discard it, and tell the firm where it is.
Do retreaded tires fail more often?
Properly made and maintained retreads are widely used. Failures usually trace to the retreading process, damage, or poor maintenance, which an expert can evaluate.
What does the firm charge?
No fee unless it wins.