Wheel runoff accidents occur when a wheel separates from a moving vehicle, typically a truck or trailer, and collides with other cars, pedestrians, or property. These accidents can have catastrophic consequences, including severe injuries or fatalities. Determining who is at fault for a wheel runoff accident can be challenging, as several parties may share responsibility. However, the process is essential to ensure the injured party receives the appropriate compensation.

 

If you’ve been involved in a wheel runoff accident, it is crucial to seek legal representation immediately. An experienced attorney can investigate the accident, gather evidence, and determine liability. They can also help you navigate the complex legal process and advocate for your rights and best interests.

 

Several parties may be at fault for a wheel runoff accident, including the driver, the trucking company, the manufacturer, and the maintenance provider. Let’s look at each of these parties and their potential liabilities.

 

Driver Liability

The driver of the truck, trailer, or car is responsible for ensuring the vehicle is safe to operate. Drivers must inspect the vehicle, including the wheels and tires, before each trip. If the driver fails to identify a defective or damaged wheel, they may be liable for the resulting accident. However, they may not be held responsible if the driver can prove they conducted a proper inspection and the wheel failure was unforeseeable.

 

Trucking Company Liability

The trucking company is responsible for maintaining the vehicle in a safe condition. They must ensure that the vehicle is regularly inspected, maintained, and repaired as needed. If the company fails to perform adequate maintenance or repair a known defect, it may be liable for any accidents. The company is also responsible if it fails to train or supervise the driver correctly.

 

Manufacturer Liability

If the wheel failure was due to a defect in the manufacturing or design of the tire, the manufacturer might be liable for the accident. Product liability laws require manufacturers to ensure their products are safe for their intended use. They may be held responsible for any resulting injuries or damages if the wheel fails.

 

Maintenance Provider Liability

 

 

The maintenance provider might be liable for the accident if the wheel fails due to improper maintenance or repair. Maintenance providers must perform their work competently and professionally. They may be responsible if they fail to do so, resulting in an accident.

 

Determining Liability

To determine liability in a wheel runoff accident, several factors must be considered, including:

 

• The cause of the wheel failure: Was it due to a defect in the design or manufacturing, improper maintenance or repair, or driver negligence?
• The condition of the vehicle: Was the vehicle properly maintained and inspected? Were there any known defects that should’ve been repaired?
• The driver’s actions: Did the driver properly inspect the vehicle before the trip? Did they take appropriate action when they became aware of the wheel failure?
• The trucking company’s actions: Did the company perform adequate maintenance on the vehicle? Did they provide appropriate training and supervision to the driver?
• The manufacturer’s actions: Did the manufacturer ensure that the wheel or tire was safe for its intended use?

 

An experienced attorney can help investigate the accident, gather evidence, and determine liability. They may consult with experts, such as engineers or accident reconstruction specialists, to provide a clear understanding of the accident’s cause and contributing factors.

 

Insurance Companies.

Insurance companies may attempt to shift the blame for a wheel runoff accident onto the injured party. They may argue that the driver was responsible for conducting a proper inspection or that the injured party was driving recklessly or not paying attention. It is crucial to remember that insurance companies are motivated by profit and may not have the injured party’s best interests in mind.

 

An experienced attorney can negotiate with the insurance company on behalf of the injured party to ensure that they receive the appropriate compensation. They can also handle the legal process and protect the injured party’s rights.

 

Wheel runoff accidents are devastating and can have severe consequences. Determining who is at fault in such accidents can be challenging, but it’s essential to do so to ensure that the injured party receives the appropriate compensation. 

 

If you or a loved one has been involved in a wheel runoff accident, it is essential to contact an experienced attorney who can help you navigate the legal process and ensure that your rights are protected. The attorneys at Nick Schnyder Law Firm have experience handling cases involving wheel runoff accidents and can help you determine who is at fault and pursue the compensation you deserve. Contact us today to schedule a free consultation.