Who is Liable for Truck Tire Debris?

Driving down Las Vegas highways, you’re bound to encounter road debris like garbage, branches, or even roadkill. While most drivers can safely avoid these obstacles, truck tire debris poses a far more serious threat, causing significant vehicle damage and even injuring passengers.

With tractor-trailers dominating the roadways daily, few think about the hidden dangers they present. A semi-truck tire blowout can lead to catastrophic accidents, and even the debris itself can result in personal injury or worse. Whether you’re navigating hazardous stretches like the US93 or dealing with rented scooters in Las Vegas’ busy intersections, understanding liability and knowing your legal options in the event of an accident caused by tire debris is crucial.

In this article, we’ll explore who is liable for truck tire debris in Las Vegas, what steps you can take, and how you can seek compensation.

Who is Liable for Truck Tire Debris Accidents?

Liability for truck tire debris accidents can involve multiple parties, including the truck driver, the trucking company, the tire manufacturer, or even maintenance contractors. The specific circumstances, such as negligence in tire maintenance or manufacturing defects, help determine who is at fault.

• Truck Drivers are responsible for daily vehicle inspections and reporting any potential issues.
• Trucking Companies must ensure their vehicles meet all safety and maintenance standards.
• Tire Manufacturers may be held liable for defective products that lead to blowouts or tire debris.

Parties Involved and Shared Liability

Accidents caused by tire debris may involve:

• Commercial Trucks: The trucking company is usually liable, though drivers or maintenance contractors may share the responsibility if proper inspections aren’t performed.
• Privately Owned Vehicles: The vehicle owner may be liable for debris caused by their vehicle’s tire failure, but determining fault may depend on the circumstances of the incident.
• Multiple Vehicles: If several vehicles are involved, liability could be divided, depending on who was responsible for the debris and subsequent accidents.

Nevada-Specific Laws and Regulations

Las Vegas falls under Nevada state laws regarding truck tire maintenance and road debris. The Nevada Department of Transportation (NDOT) oversees regulations for commercial vehicle maintenance, including tires, and handles debris removal. Local courts assess liability in these cases, often using state laws and federal transportation regulations to determine fault.

What Are the Causes of Truck Tire Debris?

Tractor-trailers that experience a blowout while driving can cause serious damage to those around them. At high speeds, the debris from the tire can damage a vehicle and seriously hurt those inside. Many tire blowouts can be prevented though and are a result of poor maintenance.

Possible causes of semi-truck tire blowouts include:

• Poor maintenance
• Puncture in the tire
• Tire delamination
• Improper inflation
• Overload/overweight trailer
• Using refurbished tires

Who is Responsible for Truck Tire Maintenance?

Responsibility for tire maintenance on tractor-trailers falls on three main groups: drivers, trucking companies, and maintenance contractors. Each plays a role in ensuring tires are safe and well-maintained.

• Drivers: As the operators of the trucks, drivers are responsible for performing daily tire inspections. Since they see the tires every day, they must identify and report any issues that could pose a safety risk. If drivers fail to inspect and maintain their tires properly, they may be held liable for any accidents or damage caused by tire debris.
• Trucking Companies: Trucking companies are legally required to ensure that their fleet meets all safety standards, including tire maintenance. They must keep records of tire inspections and replacements. If a company neglects these duties, it can be liable for any accidents caused by tire blowouts or debris.
• Maintenance Companies: Some trucking companies contract third-party maintenance providers to handle the upkeep of their trucks. These companies are responsible for properly maintaining tires and ensuring the trucks are road-ready. If they fail to do so, they can be held accountable for any damage or injuries resulting from their negligence.

Truck tire debris is one of the leading causes of road hazards, and determining who is responsible can sometimes be difficult. If tire debris causes an accident, proving which truck was at fault can be challenging, but liability ultimately falls on the party that neglected proper maintenance.

What To Do If You Are Affected by Truck Tire Debris

If you encounter tire debris while driving, pull over safely and check for injuries. Seek emergency medical help immediately if anyone is hurt.

If everyone is uninjured, assess the damage to your vehicle. Look for issues such as cracked windshields, dents, flat tires, or any debris lodged under the car. If the damage is significant, it’s best to tow your vehicle to prevent further hazards.

For damages exceeding your insurance deductible, file a police report. If you have a dash cam, secure the footage, as it could be crucial evidence to determine who is at fault.

How to Report Tire Debris & Who Cleans It Up

If you see tire debris on the road, report it to your local police station as soon as possible to prevent accidents. Be sure to note the mile marker and the specific roadway where you saw the debris. While the State Department of Transportation (DOT) is responsible for removing debris, they often rely on citizens to report it since they may not spot it right away.

Tire debris is a common sight on highways due to frequent blowouts, many of which are preventable with proper tire maintenance. Regular tire checks are crucial for the safety of truck drivers and everyone else on the road. Trucking companies, drivers, and maintenance teams all share the responsibility of ensuring tires are in good condition before trucks hit the road.

Proving Liability: Evidence and Documentation

To hold someone liable for tire debris, certain evidence is crucial:

• Dashcam Footage: This can be pivotal in capturing the event and proving fault.
• Witness Statements: Eyewitness accounts can help establish the chain of events.
• Traffic and Highway Cameras: Local authorities might provide footage that helps establish liability.
• Maintenance Records: In the case of commercial trucks, accessing tire maintenance records can be useful to show if the company or driver failed to properly maintain the tires.

Suing for Damages and Compensation

Victims of tire debris accidents in Las Vegas can pursue compensation through personal injury or property damage claims. You can sue for:

• Vehicle Damage: Costs for repairs or replacement.
• Medical Expenses: For injuries sustained in the accident.
• Emotional Distress: If the accident caused significant trauma or suffering.

Nevada’s statute of limitations generally gives you two years from the date of the accident to file a personal injury lawsuit. In cases of extreme negligence, you may also pursue punitive damages.

Insurance Coverage and Claims

Understanding your insurance coverage is key in tire debris accidents. Check if your policy covers road debris accidents, and if not, you may still file a claim against the truck driver’s or company’s insurance. If their insurance is inadequate, you may have other legal avenues for recovering damages.

Seeking Legal Representation

Hiring a personal injury attorney, especially an attorney experienced in truck accidents, can significantly improve your chances of obtaining compensation. A lawyer will help you navigate the claims process, gather evidence, and negotiate with insurance companies. Legal claims involving tire debris accidents can take time to resolve, but the right legal representation ensures you’re fully prepared for the process.

If you’ve been in an accident caused by tire debris from a truck, and you’re unsure of your legal options, contact Gina Corena & Associates to discuss your case. Truck drivers, companies, and maintenance providers should be held accountable for negligence, and you may be entitled to compensation for your damages or injuries.