Cohen & Cohen Law Group, P.C.
  • Home
  • About
  • Practice Areas
    • Motor Vehicle Accidents
    • Construction Accidents
    • Slip-And-Fall Injuries
    • Nursing Home Neglect & Abuse
    • Wrongful Death
  • Blog
  • Contact
Select Page

18 Wheeler Tire Blowout Accident: Queens Trucking Accident Lawyers

by Cohen & Cohen Law Group, P.C. | Mar 25, 2020 | Motor Vehicle Accidents, Personal Injury, Truck Accidents

Liability Explained by Our Queens Trucking Accident Lawyers: 18 Wheeler Tire Blowout Accident

One of the scariest types of trucking accidents is an 18 wheeler tire blowout accident. This is when a wheel explodes while a truck is driving, usually on a highway or interstate at a fast speed. When the wheel is under the trailer bed portion of the truck, it could result in a violent explosion sending shrapnel into other vehicles along or behind the truck. In some instances, it could even cause the trailer to swing rapidly or sway into other lanes. But when the wheel is a front wheel under the cabin, it could cause the semi tractor-trailer to lose control and become an unguided missile on our roadways. Often times when front tire blows out a large truck will cross into oncoming traffic and cause a catastrophic head-on collision.

Here at Cohen & Cohen Law Group, P.C., our Queens trucking accident lawyers know how deadly and dangerous it can be when an 18 wheeler tire blowout accident injures innocent people. Our experienced legal team can work with police and NHTSA investigators to strengthen your claim against the defendant truck driver and trucking company. Proving liability for a tire blowout can be both simple and complex at the same time, as the fact a tire blowout occurred is outside the victim’s control but the parties liable for the blowout could be the truck driver, trucking company, maintenance company, tire manufacturer, or even the local municipality or State who is responsible for the roadway. It is typically for the defendants to commonly point fingers at each other to make more work for an injured victim.  This is why it is important to have a legal team like ours represent you to defend your rights.

Federal Motor Carrier Safety Administration (FMCSA) Regulations on Tires

Since the trucking industry is an interstate industry and many trucks in New York City and Long Island are not originally from New York, a federal agency is deputized to create rules and regulations which serve as the minimum requirements throughout the United States. A large portion of the FMCSA’s regulations governs equipment, particularly tires.

Under 49 CFR section 293.75 (a), the FMCSA regulations prohibit a truck driver or trucking company from operating a commercial vehicle with a defective wheel or tire which has any of the following traits:

  1. Has body ply or belt material exposed through the tread or sidewall
  2. Has any tread or sidewall separation
  3. Is flat or has an audible leak, or
  4. Has a cut to the extent that the ply or belt material is exposed.

In addition, a commercial vehicle’s front tire must have a tread depth of at least 4/32 of an inch. This is to prevent bald tires that are prone to exploding in an 18 wheeler tire blowout accident.

Causes of Tire Blowouts

The main causes of tire blowouts are a truck driver or trucking company failing to inspect their tires, product defects, and maintenance teams failing to properly check, maintain, or install tires. There may be liability for a municipality such as a town, county, or the State for failing to properly maintain a roadway. However, commercial vehicle tires are meant to be very strong to withstand adverse road conditions. Therefore, most times the liability for an 18 wheeler tire blowout accident in New York is due to the negligence of a truck driver or trucking company.

Some of the most common reasons include the following:

  • Improper maintenance
  • Improper installation of the tire (not balanced)
  • Overpacking a truck or excessive heavy loads
  • Wrong tires such as tires not rated for that weight or for the speed (some tires are only for under 55 MPH)
  • Product defects of the tire
  • Aggressive driving such as hard turns
  • Speeding and driving too fast, especially above what the tire may be able to sustain
  • Distracted driving
  • Failing to avoid potholes and other roadway debris or hazards
  • Hitting a curb, barrier, or other fixture around the road
  • Hard or excessive braking
  • Fatigued and hours of service violations
  • Drunk driving or drugged driving
  • Delays in checking or replacing tires, and
  • Many other dangerous or abnormal conditions.

Were You Injured in a New York 18 Wheeler Tire Blowout Accident Caused? We Can Help

A tire blowout accident is typically the type of accident that the truck driver, trucking company, or another third-party entity are responsible for—not the victim. Yet, insurance companies and trucking companies will do everything in their post to blame the victim for the trucking accident. This simply does not make sense.

But at Cohen & Cohen Law Group, P.C., our experienced Queens trucking accident lawyers know how an insurance company will try to manipulate a case. We won’t let them do that. Our aggressive team will fight to defend your rights to compensation for pain and suffering, lost wages, high medical bills, and other damages due to a negligent trucker. Ask for a FREE consultation by dialing 800-247-8164. You may also use our convenient and easy-to-use contact us box available here to securely communicate with our firm.

  • Facebook
  • Twitter
  • LinkedIn

Categories

  • Bicycle Accidents (4)
  • Car Accidents (109)
  • Car Accidents (13)
  • Construction Accidents (10)
  • Guardianship (4)
  • Injuries (46)
  • Mass-Transit Accidents (5)
  • Motor Vehicle Accidents (53)
  • Nursing Home Neglect (8)
  • Pedestrian Accidents (23)
  • Personal Injury (49)
  • Premises Liability (12)
  • School Accidents (2)
  • Slip And Fall (4)
  • Spinal Cord Injuries (11)
  • Stairway Accidents (3)
  • Traumatic Brain Injuries (9)
  • Truck Accidents (34)
  • Uncategorized (10)
  • Wrongful Death (2)

Archives

  • November 2020 (1)
  • September 2020 (5)
  • August 2020 (10)
  • July 2020 (9)
  • June 2020 (21)
  • May 2020 (22)
  • April 2020 (22)
  • March 2020 (23)
  • February 2020 (1)
  • November 2019 (1)
  • October 2019 (2)
  • September 2019 (2)
  • August 2019 (4)
  • July 2019 (3)
  • June 2019 (2)
  • May 2019 (3)
  • April 2019 (2)
  • March 2019 (3)
  • February 2019 (2)
  • January 2019 (4)
  • December 2018 (2)
  • November 2018 (3)
  • October 2018 (3)
  • August 2018 (1)
  • May 2016 (2)
  • April 2016 (1)
  • March 2016 (2)
  • January 2016 (4)
  • December 2015 (6)
  • November 2015 (2)
  • October 2015 (1)
  • September 2015 (4)
  • August 2015 (2)
  • July 2015 (2)
  • June 2015 (2)
  • May 2015 (2)
  • April 2015 (8)
  • March 2015 (4)
  • February 2015 (2)
  • January 2015 (2)
  • December 2014 (2)
  • November 2014 (2)
  • October 2014 (2)
  • September 2014 (3)
  • August 2014 (1)
  • July 2014 (2)
  • June 2014 (2)
  • May 2014 (4)
  • April 2014 (2)
  • March 2014 (2)
  • February 2014 (2)
  • January 2014 (3)
  • December 2013 (2)
  • November 2013 (3)
  • October 2013 (1)

Recent Posts

  • Fourth fatality recorded this year in Revel moped-related crashes
  • Amputations After a Queens Auto Accident
  • Monoplegia from a Queens Car Accident
  • Brain Injury After a Car Accident in Queens, NY
  • Types of Back Injuries in a Queens Car Accident

Subscribe To This Blog’s Feed

FindLaw Network
Cohen & Cohen Law Group, P.C.

The PremierPersonal Injury
Law Firm In Queens

Super Lawyers Albert Cohen 5 Years
Avvo Rating This rating considers information the lawyer has included on their profile in addition to information collected from public sources. The Avvo Rating cannot be bought. Superb is the very highest rating.
American Academy of Estate Planning Attorneys Academy Members are among the most knowledgeable estate planners in the nation, in part because of stringent Continuing Legal Education requirements. They require 36 annual CLE credits in the areas of Estate Planning, Elder Law, Probate, or Trust Administration.
Million Dollar Advocates Forum The Million Dollar Advocates Forum is the most prestigious group of trial lawyers in the United States. Membership is limited to trial lawyers who have received million and multi-million dollar verdicts and settlements.
NYSTLA The New York State Trial Lawyers promotes a safer and healthier society, to assure access to the civil justice system by those who are wrongfully injured and to advance representation of the public by ethical, well-trained lawyers.
Avvo - Rate your Lawyer. Get Free Legal Advice.
Avvo Top Contributor Award 2013 Albert Cohen
 Albert Cohen Avvo Reviews
Super Lawyers Albert Cohen 5 Years
Avvo Rating
American Academy of Estate Planning Attorneys
Million Dollar Advocates Forum
NYSTLA
Avvo - Rate your Lawyer. Get Free Legal Advice.
Avvo Top Contributor Award 2013 Albert Cohen
Albert Cohen Avvo Reviews

Get The Focused Help You Need

Email Us For A Response
Cohen & Cohen Law Group, P.C.
Phone: 800-247-8164
Fax: 718-275-7722
  • Follow
  • Follow
  • Follow
Forest Hills

104-70 Queens Blvd Suite 312
Forest Hills, NY 11375

Forest Hills Law Office Map

New York

1430 Broadway, Suite 1207
New York, NY 10018

Map & Directions

Staten Island

1855 Victory Blvd
Staten Island, NY 10314

Map & Directions

Attorney Advertising

© 2021 Cohen & Cohen Law Group, P.C.. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters

REVIEW US