Would Robertson's Trucking Company be liable for vehicle expenses related to tire blow-outs? Amount seeking $3,032.63

Question

Hello, I live in Southern California. I was driving to work one morning when a gravel towing semi truck's tire blew out, flinging the debris in my immediate lane. With cars on either side of me and how quickly the incident occurred, I could not maneuver out of the way, resulting in my vehicle colliding with the blown out tire. My car is a newer vehicle (2023 Honda Accord) so I took it to the body shop. It took 3+ months to repair my vehicle due to the unavailability of the safety sensors from Honda. AAA paid the claim no problem but they only pay for a rental car for 30 days.  As a result, I accrued rental related expenses and was seeking reimbursement. Robertson's denied liability stating the driver could not have known his tire would fail and could not run out into the freeway to collect the tire fragments. Yes, but this is not the issue. Yet it is their sole reason for deniability. Was the truck over loaded, tires under inflated, over inflated, damaged, or worn out? We don't know.

William John Light · Answer

All of those things you don't know would be evidence of negligence.  Without evidence, you have no case.  If you had a case, it would be in Small Claims.

James Otto Heiting · Answer

Take them to small claims court.

James L. Arrasmith · Answer

In California, liability for damages stemming from a vehicle incident, such as a tire blow-out, can be complex and depends on various factors, including negligence and the causation of the damages. If Robertson's Trucking Company failed to maintain their vehicles properly, leading to the tire blow-out, they could potentially be held liable for the resulting damages. This would include not only the immediate physical damage to your vehicle but also consequential damages such as rental expenses incurred due to the repair time. 
 
To establish liability, it would be necessary to demonstrate that the trucking company knew or should have known about the potential for tire failure and failed to take reasonable steps to prevent it. This could involve showing that the tire was overly worn, improperly maintained, or that the vehicle was overloaded, among other factors. The company’s argument that the driver could not have anticipated the tire failure does not absolve them of responsibility if it can be shown that the company neglected proper maintenance and safety checks. 
 
Given the circumstances, it may be beneficial for you to consult with a legal professional who can evaluate the specifics of your case, gather evidence, and potentially negotiate with the trucking company or pursue legal action to seek reimbursement for your additional expenses. An attorney can also help in addressing the trucking company's denial of liability by building a case that demonstrates their responsibility for the incident.

Q: Would Robertson's Trucking Company be liable for vehicle expenses related to tire blow-outs? Amount seeking $3,032.63