Don’t Automatically Pay That Blown Tire Claim

Written by Douglas B. Marcello

Shareholder, Trucking and Commercial Transportation

Why It Matters

Blown tires and lost treads create liability claims against trucking companies — but there is generally no liability. Smart documentation and maintenance practices can save you thousands in claims. 

The Big Picture

Hot weather means blown tires and lost treads.  Some will hit nearby cars, triggering property damage or injury claims against your company.  Claims that you usually don’t owe. 

The catch: Most companies don't realize these claims are highly defensible with the right approach. 

How Liability Actually Works

The legal standard: Negligence must be proven. Did the tire failure result from your company's failure to do something reasonable?  Something you or your driver “knew or should have known”? 

  • Usually, the answer is no — companies and drivers take reasonable precautions to prevent tire failures.  Moreover, blowouts and lost treads happen without fault.  They happen.  No reason that you or your driver “knew or should have known”. 
  • Exception: "Wheel off" incidents carry a presumption of negligence under res ipsa loquitur ("the thing speaks for itself")
    • You can still defend these cases, but you're "pushing that wheel uphill" 
Your Defense Strategy

Document everything: 

  • Maintain detailed PM records showing tire age and regular tire inspections 
  • Record daily pre-trip inspections by drivers 
  • When incidents occur, have roadside assistance note details on repair documents 
  • Critical: Have drivers photograph the damaged tire and the remaining wheel still attached.  

Key distinction: Make crystal clear in records and photos that this was a "tread off" or "blowout" — not a "wheel off."

Train your team: 

  • Maintenance staff should document the exact nature of each incident 
  • Drivers should photograph tire remains on the rim 
  • As one expert put it: "In a world where people photograph their food, drivers can snap a picture of a blown tire." 
The Bottom Line

Don't automatically pay tire-related claims. With proper documentation and maintenance records, these cases are winnable — even when accidents happen despite your best precautions.  It is, most often, not “negligence.” 

What's Next

Review your current tire inspection and documentation procedures. A small investment in better record-keeping can prevent major claim payouts.

🎥 Watch the Video

[4-minute video on tire and tread defense strategies]

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