I Was Hurt in an Accident Caused by a Tire Blowout—Who Is Liable?

June 28, 2021
flat tire

More than 400 traffic fatalities—and more than 10,000 car accident injuries—are attributed to tire blowouts every single year. While tires don’t burst due a defect very often, they can cause devastating collisions when they do.

If you were seriously hurt in such a wreck, you may be entitled to compensation. Before you can seek a settlement, though, you’re going to have to identify all liable parties.   

Naturally, the circumstances surrounding the crash will determine who was at fault. In most cases, however, at least one of the following parties is to blame:

1. The Owner of the Vehicle

If you own a vehicle, you have an obligation to maintain all critical components, including the steering system, brakes, and headlights, so it’s reasonably safe for road travel. This includes inflating the tires to the proper PSI.

If the blowout that caused the accident in which you were hurt occurred because the affected tire was underinflated, liability may ultimately lie with the owner of the vehicle. Should this end up being the case, you’ll likely file a claim with their auto insurance carrier.

2. An Auto Repair Shop

If the affected tire shouldn’t have been on the vehicle in the first place—if it had been recalled, for example, because of a manufacturing defect that made it prone to blowing out—the shop that installed it could be deemed responsible. Auto repair shops have a duty to track all safety warnings and recalls that apply to the parts they use.

3. The Tire Manufacturer

If the tire that blew out was defective but the technician who installed it couldn’t have been expected to know as much, the manufacturer that produced it may be to blame. Should this be the case, you’ll want to find a personal injury attorney who’s well-versed in product liability law.

4. A Government Entity

Sometimes, tire blowouts are caused by poor road conditions. Striking an unmarked curb or cruising over a massive pothole could apply just enough pressure to force a blowout.

When this happens, the government entity that designed the road—or the agency that’s responsible for maintaining it—could be liable. Since government organizations have certain protections under tort law, though, it’s imperative to act fast.

Whereas South Carolina’s standard statute of limitations for personal injury suits is three years, those who wish to take action against a government entity must file a statement of claim within two years. As such, it’s wise to call a car accident attorney as soon as possible.

Call 864-585-3873 for a Free Consultation with a Spartanburg Car Accident Lawyer

At Hodge & Langley Law Firm, we take pride in helping injured parties recover what is rightfully theirs. If you were hurt in a wreck that could have been prevented, let our team handle the logistics of your claim. To schedule a free case review, call 864-585-3873 or fill out our Online Contact Form.

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