(845) 802-0047Large commercial trucks have a lot of important parts. It is obvious that for an 18 wheeler, the most important part may be the wheels. Not only do the wheels help a large truck move, but they also help distribute the weight of cargo on the frame, stabilize the trailer, and generate more traction and friction for stopping. While many trucking companies take proper care and maintenance of these tires, some trucking companies do not. When the tires on large tractor-trailers are improperly cared, installed, and otherwise maintained, a tire becomes weaken which can make it susceptible to failure. When a blown out tire causing a New York trucking accident, victims and their families may be entitled to compensation for the big rig crash.
This is because New York law and federal regulations require truck drivers and trucking companies to properly install and maintain their tires. The law and regulations also require both truck drivers and trucking companies to regularly inspect their commercial vehicles for signs of damage, excessive wear, and failure. This is particularly true of tires. Inspections are required to be performed each time a truck driver takes his or her truck on the road. Therefore, when a blown out tire causes a New York trucking accident, there are usually multiple ways to prove liability against the truck driver and trucking company.
Federal Regulations that Govern the Tires on Commercial Vehicles
Since trucking is an interstate business taking place from coast-to-coast, the Federal Motor Carrier Safety Administration (FMCSA) has enacted regulations which apply to commercial trucks no matter what state they are from, where they are going, or where they are traveling through. These regulations absolutely apply in New York and can be used in conjunction with New York statutory law.
Pertinently, federal regulations under 49 CFR section 293.75 (a) prohibit a commercial vehicle from being operated if a tire has any of these deformities:
- Body ply or belt material exposed through the tread (ground-contact part of the tire) or the sidewall;
- Tread or sidewall separation (where the tread and wall meet);
- Flat;
- Has an audible leak; and
- Has a cut or damage which exposes ply or belt material.
When a truck driver operates a commercial vehicle with these defects, or if a trucking company ignores these defects and schedules or directs a truck driver to operate a commercial vehicle with these defects, both could be liable for causing a blown out tire New York trucking accident.
Consequences of a New York trucking Accident Caused by a Blown Out Tire
When a blown out tire causes a New York trucking accident, it can result in catastrophic 18 wheeler wrecks. Innocent people could be seriously injured or wrongfully killed in a blown out tire crash due to the negligence of a truck driver or trucking company.
When a blown out tire occurs, it could result in the following consequences:
- Commercial trucks could cross the center line and careen into oncoming traffic;
- Big rigs could roll out of the lane and collide with vehicles in adjacent lanes;
- Large and heavy debris from blown out tires should go flying into other lanes and shower vehicles because of the truck;
- Box trucks could roll over or flip over and crush other vehicles;
- Rear end collisions because trucks may be unable to stop or slow down in time to avoid a collision;
- Semi tractor trailers could completely lose steering control and collide into anything around the roadway; and
- Other types of crashes.
Injured in a New York Trucking Accident Caused by a Blown Out Tire? We Can Help
If you have been seriously injured or if you lost a family member due to a blown out tire in a New York trucking accident, you have rights to protect under New York law. Both New York law and federal regulations by the FMCSA can be used to prove liability against the truck driver and the trucking company. Once liability is established, you may be entitled to compensation for pain and suffering, lost wages, future lost wages, loss of consortium, medical bills, property damage, and in a wrongful death case both funeral expenses and burial costs. Contact us today for a FREE consultation to learn how we can help you and your family after a serious 18 wheeler wreck.