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Founding Member & Managing Partner at Gina Corena & Associates
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A tire blowout can happen in seconds. On a busy road like I-15, a sudden tire failure can cause a driver to lose control and lead to a serious crash.
After a tire blowout accident, it is not always clear who is responsible. Liability may depend on the cause of the failure. A driver who ignored worn tires, a manufacturer that made a defective tire, or a repair shop that installed a tire incorrectly may all be possible causes.
If you were injured in an accident, a Las Vegas vehicle accident attorney can help you figure out who should pay before you settle for less than your claim is worth.
This guide explains what causes blowouts, who can be held responsible under Nevada law, and what you should do to protect your right to compensation.
It depends on why the tire failed. Fault can fall on the driver who didn’t maintain the tires, the tire manufacturer if the tire was defective, or a repair or tire shop that installed or serviced it improperly. In some crashes, more than one party shares the blame.
In other words, a blowout is not automatically “an act of God.” Someone usually had a duty to keep that tire safe, and Nevada law lets you hold them accountable when they don’t.
A blowout occurs when a tire suddenly loses air pressure and comes apart while the vehicle is moving. The driver often loses steering control for a moment, which is exactly why these failures cause crashes at freeway speed. Heat worsens the danger, and Las Vegas summers are brutal on tires.
Common reasons tires blow out include:
Figuring out which of these caused your blowout is the key to figuring out who is liable, and it usually takes more than a quick look at the scene.
The driver of the vehicle with the failed tire may be responsible if poor maintenance caused the blowout. Drivers have a duty to keep their vehicles reasonably safe, including properly maintaining their tires.
A driver may be at fault for ignoring worn tires, low tire pressure warnings, overloading the vehicle, or failing to address known problems. If that neglect leads to a crash, the driver may be liable for resulting injuries.
Passengers or other drivers injured in the crash may be able to seek compensation through the at-fault driver’s insurance.
If the tire itself was defective, the manufacturer may be responsible under Nevada product liability law, even if the driver properly maintained the vehicle.
Tire defect claims usually involve three issues: a poor design, a manufacturing defect affecting a specific tire, or a failure to warn about known risks. Examples include tread separation, weak sidewalls, or tire components failing during normal use.
These cases often depend on physical evidence and expert review. Keeping the damaged tire is important because it may help show what caused the failure. Do not throw it away or allow it to be discarded before it can be examined.
Because strong physical evidence makes or breaks a car accident case, it’s important not to throw the tire away or let a tow yard dispose of it.
A repair shop, tire dealer, or mechanic can also be found at fault. When you pay a shop to mount, balance, rotate, repair, or inspect your tires, they’re expected to do it competently.
A shop may be liable if it installed the wrong size or type of tire, failed to seat or torque it correctly, missed obvious damage during an inspection, or made a bad patch that didn’t hold. If a recently serviced tire blows out, the work that the shop did becomes a fair question, and service records can help show what happened.
Nevada is an at-fault state, which means the person or company responsible for the crash (and their insurer) pays for the harm. To recover, you generally have to show that someone was negligent or that a product was defective and that this caused your injuries.
Nevada also follows a modified comparative negligence rule under NRS 41.141. You can still recover compensation as long as you were not more than 50% at fault, but your award is reduced by your share of the blame.
For example, if your damages are $100,000 and you’re found 20% at fault, you would recover $80,000. If you’re 51% or more at fault, you recover nothing. This matters in blowout cases because an insurer may try to argue that you should have noticed a bad tire or that you were driving too fast for conditions, all to shrink what they owe you.
What you do right after the crash can protect both your health and your claim. If you’ve been in a blowout wreck, these steps help:
A lawyer can also help sort out who pays the medical bills after a crash while the question of fault is still being worked out, which matters a great deal when bills start arriving, and a product-liability investigation is ongoing.
It depends on the cause. Fault may fall on the driver who failed to maintain the tires, the manufacturer if the tire was defective, or a shop that installed or repaired it improperly. More than one party can share responsibility, which is why a careful investigation matters.
Yes. If a defect in the design, manufacturing, or warnings caused the tire to fail, you may have a product-liability claim against the maker. These cases usually require keeping the failed tire and having an expert examine it, so don’t throw it away.
You may still recover. Under Nevada’s modified comparative negligence rule, you can recover as long as you were not more than 50% at fault, though your award is reduced by your share. At 51% or more fault, you cannot recover.
Generally, two years from the date of the accident for personal injury claims under NRS 11.190. Some claims have different deadlines, so it’s best to confirm your exact timeline with a lawyer as soon as you can.
The failed tire often reveals the real reason the crash happened. An expert can examine it for signs of a manufacturing defect, tread separation, a bad repair, or underinflation. Losing the tire can make it much harder to prove who was at fault.
If a tire blowout left you injured, you shouldn’t have to guess who’s responsible or fight the insurance company on your own. At Gina Corena & Associates, we dig into why the tire failed, preserve the evidence, and pursue every party that played a part, whether that’s a driver, a manufacturer, or a repair shop.
Every case is different, and we’ll give you an honest read on yours. Call us anytime at (702) 680-1111 for a free consultation, answered 24/7 in English and Spanish. There’s no fee unless we win your case.
You can also reach out through our contact page to get started.
Reviewed by Gina M. Corena, founding attorney at Gina Corena & Associate
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
