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The Catastrophic Danger of Truck Tire Blowouts on Texas Highways
Every year, more than an estimated 11,000 crashes on American roadways are caused by truck tire blowouts. The National Highway Traffic Safety Administration (NHTSA) reported 738 fatalities from tire-related motor vehicle crashes in 2017 alone. Here in Texas, with our vast interstate networks like I-10, I-45, and I-35 serving as critical arteries for the trucking industry, these statistics translate into a very real and present danger for every driver. If you are unfortunate enough to be passing a commercial truck that suffers a catastrophic tire failure, your vehicle could be struck by flying debris, forced into a dangerous swerve, or involved in a multi-vehicle pileup. The sheer force and weight of an 18-wheeler make any loss of control a potential disaster. At Attorney911, we have seen the devastating aftermath of these preventable accidents firsthand. Managing Attorney Ralph Manginello, with over 25 years of experience in Texas courtrooms, has built our firm to respond to these exact legal emergencies. If you or a loved one has been affected, understanding your rights and the immediate steps to take is critical. This comprehensive guide will walk you through everything from the mechanics of a blowout to how we hold negligent trucking companies accountable.
What Is a Semi-Truck Tire Blowout? More Than Just a Loud Bang
You’ve likely seen the shredded remnants of tire treads—often called “road gators”—littering the shoulders of Texas highways. These fragments are typically the gruesome aftermath of a truck tire blowout. A blowout occurs when a tire rapidly deflates, causing a structural failure that often resembles an explosion. The physics are simple but violent: the tremendous weight of the loaded trailer (up to 80,000 pounds gross vehicle weight) suddenly bears down on a compromised tire, causing it to disintegrate. In a best-case scenario, a skilled and attentive truck driver can maintain control and slowly guide their rig to the shoulder. However, in the real-world conditions of Texas roads—whether due to high winds in West Texas, torrential rain in Houston, heavy traffic in Austin, high speeds on remote stretches, or a distracted driver—a tire blowout can instantly escalate into a catastrophic traffic accident.
The Legal Reality: Blowouts Are Almost Always Preventable
Truck tire blowouts don’t “just happen.” They are almost always the direct result of negligence. Federal regulations, primarily enforced by the Federal Motor Carrier Safety Administration (FMCSA), and Texas state laws impose strict maintenance and inspection duties on trucking companies and drivers. A blowout typically signals a failure in this duty of care. In our 25+ years of handling trucking cases across Texas, from Houston to Beaumont to Austin, we’ve learned that diligent maintenance could prevent the vast majority of these incidents. When a company cuts corners on maintenance to save money or pushes drivers to meet unrealistic schedules without proper inspection time, they are gambling with public safety. Ralph Manginello’s experience in federal court, including the U.S. District Court for the Southern District of Texas, is crucial here, as many trucking injury cases involve federal regulations and interstate commerce.
The Four Most Common Causes of Truck Tire Blowouts: Evidence of Negligence
Understanding why a blowout occurred is the first step in proving liability. Our investigations, led by attorneys who know what to look for, typically uncover one or more of the following preventable causes:
- Improper Tire Maintenance: This is the most common culprit. Tires have a finite lifespan. Under federal regulations (49 CFR § 396.17), carriers must systematically inspect, repair, and maintain all parts and accessories, including tires. Neglect includes failing to rotate tires, not checking for uneven wear, ignoring manufacturer specifications, and using retreaded tires improperly. We obtain maintenance logs and purchase records to prove a pattern of neglect.
- Unnoticed Small Leaks or Slow Punctures: A small nail or piece of debris can lead to a gradual air loss that weakens the tire’s structure over hundreds of miles. Federal law requires drivers to conduct a pre-trip inspection (49 CFR § 392.7) each day, which includes checking tire pressure and condition. A driver who fails to perform this basic check is violating safety rules and creating a hazard.
- Overloaded Trailers: Exceeding the tire’s weight rating creates excessive heat and stress, leading to failure. While scales are common on Texas highways, some companies knowingly overload or improperly distribute cargo. We work with cargo manifests and weight tickets to prove this violation.
- Road Hazards and Obstacles: While sometimes unavoidable, hitting a significant object can cause immediate damage. However, the legal question becomes: could the driver have avoided it with proper vigilance? Furthermore, if the object was debris from another vehicle, we may need to identify additional liable parties.
Our firm’s unique advantage in investigating these causes comes from Associate Attorney Lupe Peña. Lupe spent years working for a national defense firm, learning firsthand how large insurance companies and trucking carriers investigate and value these exact claims. He knows their playbook because he used to run it. Now, he uses that insider knowledge to build stronger cases for our clients, anticipating the defense’s arguments before they make them.
Immediate Steps to Take After a Truck Tire Blowout Accident in Texas
If you have been in a car accident caused by a truck tire blowout, your actions in the immediate aftermath are critical for both your health and any future legal claim. The chaos of the moment is overwhelming, but this checklist can guide you.
1. Ensure Safety and Call 911
If you are able, move your vehicle to the safest possible location—the shoulder, a breakdown lane, or away from traffic. Turn on your hazard lights. Check yourself and your passengers for injuries. Call 911 immediately. Request both police and medical assistance. Even if you feel “okay,” the adrenaline from an accident can mask serious injuries like whiplash, concussions, or internal bleeding. This call creates an official record of the incident.
2. Seek Medical Attention Immediately
This is non-negotiable. If EMTs offer to transport you to the hospital via ambulance, accept. A delay in treatment not only jeopardizes your health but also gives the insurance company an excuse to argue your injuries weren’t serious or were caused by something else. In Texas, your medical records are the foundation of your personal injury claim. We have seen too many cases where clients try to tough it out, only to have debilitating pain emerge days later. By then, the insurance adjuster is already arguing the injury isn’t accident-related.
3. Document Everything at the Scene
If you are physically able and it is safe to do so, gather evidence. Use your smartphone to take comprehensive photos and videos:
- The overall accident scene from multiple angles.
- All vehicles involved, including license plates.
- The blown-out tire and any tire debris on the road.
- Close-ups of the truck’s DOT number, MC number, and company name.
- Any visible damage to your vehicle and the truck.
- Road conditions, weather, and traffic signs.
- Your injuries, even if they seem minor like cuts or bruises.
4. Exchange Information and Identify Witnesses
Get the truck driver’s name, commercial driver’s license (CDL) number, and insurance information. Write down the exact name of the trucking company (often different from the name on the trailer). Ask the driver for his/her electronic logging device (ELD) record or recent logbooks—they may not provide it, but it’s worth asking. Get contact information from any witnesses; their independent accounts are invaluable. Do not discuss fault or make statements about your condition with anyone except the police. The friendly truck driver or his company’s representative who shows up is not on your side.
5. Call the Police and Insist on a Detailed Report
It is crucial, and often legally required in Texas, to have a police report filed. Wait for the officers to arrive. Tell them factually what happened without speculating. Ensure they note the tire blowout as a contributing factor in their report. Obtain the officer’s name, badge number, and the report number before you leave. This report is a key piece of evidence that establishes the official timeline and initial observations.
6. Contact a Specialized Truck Accident Attorney Immediately—Call 1-888-ATTY-911
Do not wait. Do not speak to the trucking company’s insurance adjuster before consulting with an attorney. They will call you quickly, often offering a swift, lowball settlement or asking for a recorded statement. This is a trap. As Lupe Peña can attest from his defense-side experience, every word you say will be analyzed to minimize or deny your claim. Hiring a car accident attorney that specializes in truck tire blowouts is the most important step to protect your rights. At Attorney911, we act fast to preserve evidence—like the truck’s “black box” data, maintenance records, and driver logs—that can be lost or destroyed. Call our legal emergency line at 1-888-ATTY-911 for a free, no-obligation consultation. We handle everything on a contingency fee basis: you pay nothing unless we win your case.
What If a Blown Tire Hits My Car But Doesn’t Cause a Crash?
Truck tire blowouts don’t always cause full collisions, but they can still inflict serious damage. If a exploding tire strikes your vehicle, or if you run over a large piece of tire debris (“road gator”) from an earlier blowout, you still have rights to compensation for property damage and any injuries. The steps are similar:
- Get to Safety: Carefully maneuver to the shoulder or a safe area.
- Check for Injuries: The impact can cause significant jolts. Seek medical evaluation.
- Identify the Truck: If the truck pulled over nearby, safely take pictures of the truck, its license plate, company name, and the damaged tire. If the truck fled, you may still have a claim; debris patterns and traffic cameras can help us investigate.
- File a Police Report: This documents the incident and creates a paper trail.
- Document Damage: Take clear photos of the damage to your car.
- Call Attorney911: Even for property damage, the trucking company’s insurer will try to minimize payout. We handle these claims effectively, ensuring your vehicle is repaired correctly and you are compensated for rental car costs and diminished value.
As client Tymesha Galloway shared about her experience with our team, “Leonor is the best!!! She was able to assist me with my case within 6 months.” We bring that same efficiency and dedication to every case, big or small.
How to Sue a Trucking Company for a Tire Blowout: The Legal Process
As mentioned, most tire blowouts stem from preventable negligence. Texas personal injury law holds trucking companies financially responsible for the outcomes of their negligence, including vehicle damage, medical bills, lost wages, pain and suffering, and more. Here’s how the process works with Attorney911.
Establishing Negligence and Liability
To win your case, we must prove the trucking company or driver breached their duty of care, and that breach caused your damages. For tire blowouts, we build a case around violations of:
- Federal Motor Carrier Safety Regulations (FMCSRs): These are the bible of trucking safety. Violations are considered negligence per se in Texas, meaning the violation itself can establish fault.
- The Texas Transportation Code: State laws governing vehicle maintenance and safe operation.
- The Common Law Duty of Care: The basic legal duty to operate vehicles safely.
We use investigative tools like spoliation letters to demand the preservation of evidence: the tire itself, maintenance records, driver logs, GPS data, and the vehicle’s electronic control module (ECM). Our experience in complex litigation, like the BP Texas City explosion case, has taught us how to manage large volumes of technical evidence and face off against corporate defense teams.
The Concept of Vicarious Liability
Under the legal doctrine of respondeat superior, the trucking company is typically liable for the negligence of its driver while the driver is acting within the scope of employment. This means even if the driver made a mistake, the company—with its deeper insurance pockets—is responsible. However, we also look for direct negligence by the company: failing to maintain trucks, forcing unrealistic schedules, hiring unfit drivers, or failing to train properly. This allows for broader discovery and greater potential compensation.
Calculating Your Damages in a Texas Truck Blowout Case
Our goal is to recover full and fair compensation for all your losses, both economic and non-economic:
- Medical Expenses: Past, present, and future. This includes ER visits, hospital stays, surgery, physical therapy, medication, and assistive devices.
- Lost Wages and Loss of Earning Capacity: If your injuries prevent you from working or reduce your future ability to earn.
- Property Damage: Repair or replacement of your vehicle and other damaged property.
- Pain and Suffering: Physical pain and emotional distress caused by the accident and your injuries.
- Physical Impairment and Disfigurement: Compensation for permanent limitations or scarring.
- Loss of Consortium: Damages for the impact on your relationship with your spouse.
In catastrophic cases, the value is significant. For example, our firm secured a multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company. While every case is different, this result demonstrates our capability to handle severe, life-altering injuries. Another recent case involved a client whose leg injury from a car accident led to a staff infection and partial amputation during treatment; that case also settled in the millions.
The Settlement vs. Trial Decision
Over 95% of personal injury cases settle before trial. However, the key to maximizing a settlement is thorough preparation for trial. Insurance companies only pay what they believe a case is worth. If they know your attorney is willing and able to take a case to a Texas jury—and has a history of winning—they offer more. Ralph Manginello’s 25+ years of trial experience and federal court admission signal that we are not a settlement mill. We prepare every case as if it’s going to trial. As client Glenda Walker said, “They fought for me to get every dime I deserved.”
Why Attorney911 Is Your Best Choice After a Texas Truck Tire Blowout
When your family’s financial and physical recovery is on the line, the choice of attorney matters. Here is what sets Attorney911 apart as the premier Legal Emergency Lawyers™ for truck accidents in Houston, Austin, Beaumont, and across Texas.
Unmatched Experience and Proven Results
Ralph Manginello founded this firm over two decades ago with a passion for helping Texans in crisis. Admitted to the Texas Bar in 1998 and the U.S. District Court for the Southern District of Texas, he has the depth of experience necessary for complex trucking litigation. Our firm doesn’t just handle cases; we secure life-changing results. We have helped numerous families facing trucking-related wrongful death cases recover millions of dollars in compensation. Our current litigation includes a $10 million active lawsuit against the University of Houston and a fraternity, demonstrating our willingness to take on powerful institutions.
The Insider Insurance Defense Advantage
This is our most powerful differentiator. Associate Attorney Lupe Peña didn’t just study insurance tactics—he practiced them. He worked for years at a national defense firm, calculating claim values and building strategies for insurance companies. Now, he uses that insider playbook against them. He knows how adjusters use software like Colossus to undervalue claims, which independent medical examiners (IMEs) they hire to downplay injuries, and how they use recorded statements and surveillance to attack credibility. Having Lupe on your team means we anticipate and neutralize their tactics from day one.
A Client-Centric Approach That Feels Like Family
With 251+ Google reviews and a 4.9-star rating, our reputation speaks for itself. Clients consistently praise our communication and personal care. As Chad Harris told us, “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” Our dedicated team, including paralegal Leonor (mentioned in over 80 reviews), ensures you are informed and supported every step of the way. We are bilingual, with fluent Spanish services available through Lupe Peña and staff member Zulema, ensuring no Texas family is left without representation due to a language barrier.
We Take Cases Others Won’t and Fix What Others Botched
We are often the second—and last—hope for clients. Greg Garcia came to us after another attorney dropped his case. We helped him. Beth Bonds came to us after two years of frustration; Ralph had her husband’s bogus criminal case dismissed in a week. If you feel your current attorney isn’t fighting for you, call us. We are Legal Emergency Lawyers™ for a reason.
Frequently Asked Questions About Truck Tire Blowout Accidents
How long do I have to file a lawsuit after a truck tire blowout accident in Texas?
Texas has a two-year statute of limitations for personal injury cases (Texas Civil Practice & Remedies Code § 16.003). This means you generally have two years from the date of the accident to file a lawsuit. However, waiting even close to that deadline can harm your case. Evidence disappears, memories fade, and the insurance company will use the delay against you. It is critical to contact an attorney immediately to begin the investigation and preserve your rights. Call 1-888-ATTY-911 today.
What if I was partially at fault for the accident?
Texas follows a “modified comparative fault” rule (Texas Civil Practice & Remedies Code § 33.001). This means you can still recover damages as long as you are not more than 50% responsible for the accident. Your compensation will be reduced by your percentage of fault. For example, if you are found 10% at fault and your damages are $100,000, you would recover $90,000. An experienced attorney like Ralph Manginello can effectively argue to minimize any fault assigned to you.
The insurance adjuster is being very friendly and offering a quick settlement. Should I take it?
Absolutely not. This is their oldest trick. The first offer is almost always a lowball designed to close the case before you discover the true extent of your injuries or the value of your claim. Once you sign their release, you can never seek more money, even if you need surgery later. As Lupe Peña knows from his defense work, their friendliness is a tactic, not genuine concern. Let us handle all communication.
I can’t afford medical treatment right now. What can I do?
You should not delay treatment. We can help connect you with medical providers in the Houston, Austin, and Beaumont areas who will treat you on a lien basis, meaning they wait for payment until your case settles. This ensures you get the care you need without upfront costs. Our contingency fee structure also means you pay no attorney fees unless we win your case. We advance all case costs.
How much is my truck blowout case worth?
Every case is unique. The value depends on the severity of your injuries, the clarity of the trucking company’s negligence, your medical expenses, lost income, and the impact on your life. We have secured multi-million dollar settlements for catastrophic injuries like brain trauma and amputations. During your free consultation, we will review the specifics of your case and give you an honest assessment of its potential value.
What makes Attorney911 different from other Texas personal injury firms?
Three words: Experience, Insider Knowledge, and Results. Ralph Manginello’s 25+ years and federal court experience. Lupe Peña’s insurance defense background giving us an unfair advantage. And a proven track record of multi-million dollar recoveries, from BP explosion litigation to wrongful death trucking cases. We are a true litigation firm, not a settlement mill. As Houston legend Trae Tha Truth has recommended us, you know we are trusted in the community we serve.
You Don’t Have to Face This Trucking Company Alone. Call 1-888-ATTY-911 Now.
A truck tire blowout accident turns your life upside down in an instant. The physical pain, the emotional trauma, the mounting bills, and the confusion about the legal process are overwhelming. You need a fierce advocate who knows Texas law, understands trucking regulations, and has the resources to go toe-to-toe with billion-dollar trucking corporations and their insurers. You need an attorney who will treat you like family, not a file number.
At Attorney911, we are here to help you 24/7. We genuinely want to hear about your case. With offices in Houston, Austin, and Beaumont, we serve victims across Texas. Don’t let the insurance company’s adjuster be the first voice in your ear. Let your attorney be.
Call our legal emergency hotline right now at 1-888-ATTY-911 (1-888-288-9911) for a free, no-pressure consultation. You can also visit our website at attorney911.com to learn more. Remember, there is no fee unless we win compensation for you. Let us take the weight off your shoulders so you can focus on what matters most: your recovery.
Frequently Asked Questions
How long do I have to sue after a truck tire blowout accident in Texas?
Texas has a two-year statute of limitations (Texas Civil Practice & Remedies Code § 16.003) to file a personal injury lawsuit. However, evidence disappears quickly, so contacting an attorney immediately is crucial to preserve your claim. Call 1-888-ATTY-911 for urgent assistance.
Can I still recover damages if I was partially at fault for the accident?
Yes, under Texas’s modified comparative fault rule, you can recover compensation as long as you are 50% or less at fault. Your recovery will be reduced by your percentage of responsibility. An experienced attorney like Ralph Manginello can effectively argue to minimize any fault assigned to you.
The trucking company’s insurance adjuster is offering a quick settlement. Should I take it?
No. Initial offers are typically lowball settlements designed to close your case before you know the full extent of your injuries. Once you sign, you forfeit the right to seek more compensation. Let Attorney911 handle all communications; we know their tactics because our attorney Lupe Peña used to work for the defense.
What if I can’t afford medical treatment after the accident?
Do not delay treatment. Attorney911 can connect you with trusted medical providers in Houston, Austin, and Beaumont who will treat you on a lien, meaning they wait for payment until your case resolves. We also work on a contingency fee—you pay no attorney fees unless we win.
What makes Attorney911 different from other personal injury firms?
We combine Ralph Manginello’s 25+ years of trial experience and federal court admission with Lupe Peña’s insider knowledge from years working for insurance defense firms. This unique advantage, plus our proven multi-million dollar results and client-centric approach (4.9 stars from 251+ Google reviews), makes us the clear choice for complex truck accident cases.