A wheel separation or "wheel-off" accident, in which a moving vehicle loses a wheel, can be catastrophic if that loose wheel hits other vehicles or people. The danger is typically much greater when that wheel comes off a commercial truck, so who is liable for the damage caused in a commercial truck wheel-off accident?

Answer: The parties who may be responsible for injuries or deaths caused in a commercial truck wheel-off accident include the vehicle owners, their operators, vehicle and/or part manufacturers, those responsible for truck and part maintenance, and whoever loaded the truck's cargo.

In this article we will examine each of these parties and how the law might find them partly or even fully responsible for a wheel-off accident. Let's get started.

Vehicle Owners

For public safety's sake, the law expects drivers to keep their vehicles roadworthy. Commercial truck owners, regardless of fleet size, are certainly not exempt from that expectation. Unfortunately not every trucking company takes that seriously enough, and their resulting neglect sometimes has dire consequences—including wheel-off accidents. Here are some ways a company's carelessness might lead to liability:

• Inadequate Maintenance - If the company normally performs in-house fleet maintenance but falls behind, does it improperly, or willfully neglects it, that could lead to all sorts of mechanical problems in their trucks. Many of those issues eventually become critical, and major accidents often follow.
• Lack of Training - Virtually every company trains new and existing employees to make them ready for their role. Trucking companies are no different, and they must teach their drivers and mechanics proper loading procedures, safety measures, and maintenance schedules. If the company fails to do so, that omission may lead the employees to make critical errors and cause accidents.
• Negligent Hiring or Supervision Practices - Trucking companies are supposed to carefully vet new hires, as well as review the performance and health of current staff. Why? Because their drivers are often responsible for safely steering up to 40 moving tons of steel and gasoline, so they can't afford to be careless or intoxicated or untrained. If the company hires or continues running drivers with questionable habits or insufficient experience, those employees could make big mistakes that lead to deadly accidents.
• Overloading or Improper Loading - An oversized or unbalanced load in a truck's trailer can put excessive stress on its axles, leading to increased risk of wheel-off. If the trucking company knowingly permits its employees to use poor loading practices, it may be liable for any problems that result.
• Failure to Address Recalls or Known Issues - Companies that fail to fix known problems with their trucks or comply with active recalls may be liable if the units' defective parts cause accidents. If they have adequate warning and time to address the issue, but instead choose to "put the load on the road" in the damaged truck, their reckless decision should be met with consequences.

None of that is meant to say the whole trucking industry has these problems—we just take issue with firms that cross the line. Over the years we've seen 18-wheelers with everything from bald tires and corroded suspensions to holes patched with "welds" made of rubber cement, to say nothing of the distracted or impaired truckers operating them. When these avoidable issues ultimately lead to chaos on the road, the company behind them typically won't mend its ways without a sharp lesson.

Vehicle Operators

In some cases the person driving an 18-wheeler may be more directly and personally responsible for it losing a wheel on the road. Some negligent truck driver behaviors greatly increase the possibility of wheel-off accidents, including:

• Improper Pre-Trip Inspection - Before starting their journey, commercial truck drivers are required by law to conduct a thorough inspection of their vehicle. That inspection includes checking the condition of the wheels and their components; if the driver doesn't perform the inspection properly or ignores issues with the wheels, they may be liable for any accidents caused by the wheels breaking loose.
• Improper Post-Trip Inspection - Similar to what they must do before beginning a trip, truck drivers must perform an inspection when it concludes. When the driver fails to identify problems that developed out on the road, the chances of a related accident on the next trip increase significantly.
• Ignoring Maintenance and Repair Needs - While a trucking company must keep track of scheduled maintenance, truck drivers are often the first to know when their vehicle urgently needs repairs. If a driver knows a truck's wheels need attention, for example, ignoring that or failing to report it could aggravate the problem and lead to a wheel-off accident.
• Overloading or Improper Loading - Even if another firm loads the trailer, truck drivers are required to check whether the cargo is properly loaded and secured. Allowing a client to overload their trailer or load the cargo improperly may put undue stress on the wheels, which as we mentioned can lead to wheel-off wrecks or other accidents.
• Speeding and Reckless Driving - Excessive speed and other reckless behavior can cause undue stress to the truck and its wheels, especially when cornering or hitting bumps. Driving improperly for conditions and terrain increase the chances of wheel-off accidents, so drivers may be liable if their carelessness triggers one.
• Inadequate Training or Experience - If the driver lacks proper knowledge on how to conduct inspections, load the trailer, or handle maintenance issues, that lack of knowledge could be instrumental in causing a serious accident.

Someone who can't or shouldn't operate a commercial truck creates a far greater risk of causing an accident while driving one. In such situations the driver may be partly liable for any damage done in a crash, including a wheel-off accident. Moreover, the law states that if the driver was "on the clock" and acting on a company's behalf then the company may also be vicariously liable for any injuries its negligent employee caused.

Manufacturers

A manufacturer might be at fault for a wheel-off accident if there are defects or failures in the design, manufacturing process, or quality control of the wheel and related components. Here are some scenarios where a manufacturer could be liable:

• Design Defects - If the design of the wheel or its parts is inherently faulty, that could lead to structural weaknesses or vulnerabilities which increase the risk of wheel-off crashes. For example, a poorly designed wheel hub or drivetrain could be more prone to failure under stress.
• Manufacturing Defects - Errors or problems with the physical manufacturing process could result in defective wheels with poor strength and durability. Such defects could lead to the wheel coming off a vehicle during normal driving conditions.
• Material Deficiencies - If the manufacturer uses substandard materials in the production of the wheel, it may damage the wheel's integrity and increase the likelihood of failure.
• Quality Control Failures - Even with proper design and materials, inadequate quality control during manufacturing can lead to inconsistencies and weaknesses in the final product, making it more prone to failure.
• Improper Installation Instructions - The manufacturer might be liable for a wheel-off incident if they provide improper instructions for installing the wheels to clients and end-users, leading to incorrect mounting or securing and greater risk of problems.
• Failure to Warn - If the manufacturer is aware of potential issues with their product but fails to provide adequate warnings or recalls, they may be held accountable for accidents that result from those known defects.
• Recalls/Known Issues - After a recall is issued, the manufacturer must fix the recalled products and prevent future productions with the same issues. If they do not, they could be held responsible for subsequent products that fail the same way.

Despite the multiple potential manufacturer errors listed above, studies suggest that manufacturing and assembly defects are responsible for only a small percent of wheel-off incidents. Instead, most of them reportedly occur due to owner/operator neglect or maintenance failures. With the latter in mind, the next section looks more closely at those responsible for a vehicle's upkeep.

Maintenance Technicians

Negligent maintenance is one of the leading causes of wheel-off accidents. If mechanics and other technicians do subpar work on a truck or trailer, that drastically increases the possibility that it will malfunction. Here are some ways in which mechanics might be considered liable for a wheel-off accident:

• Improper Installation - If technicians install wheels on a vehicle incorrectly, such as misaligning them or improperly securing them in place, those wheels stand a higher chance of detaching while the vehicle is in motion.
• Incorrect Torque - Every vehicle has specific torque requirements for tightening its lug nuts and bolts. If mechanics apply wrong or uneven torque to the lug nuts, it can cause uneven pressure on the wheel that increases the chances of wheel-off accidents. Ignoring manufacturers' torque guidelines may jeopardize the safety and integrity of a product.
• Over- or Under-Tightening - Improperly tightening a wheel's lug nuts can cause serious problems. Over-tightening them can damage the threads and weaken the lug nuts' connection, while under-tightening may not provide enough force to hold the wheel securely in place.
• Failure to Use Proper Tools - Using incorrect or inadequate tools during wheel installation can result in improper mounting and/or insecure wheel attachment. If the wheel is unstable or not fully attached, it stands a greater chance of coming loose during use.
• Negligent Maintenance/Repairs - If the mechanics were responsible for maintaining the vehicle and failed to identify issues like defective or damaged wheel components, they could be held responsible for any accidents caused by those missed problems. Similarly, if they found such a problem but neglected to fix it then they may be liable if it later causes injuries.
• Inadequate Training or Experience - Mechanics without proper training or experience in handling wheel attachments and maintenance stand a greater chance of making serious mistakes that later lead to wheel-off accidents.

Botched wheel maintenance certainly isn't inevitable. It's just possible for mechanics to make mistakes that later contribute to wheel-off accidents. However, not all of those are caused by defective parts or poor maintenance. Irresponsible or neglectful behaviors by the companies that load the trucks and trailers can be just as hazardous. The next section examines how improperly loading a trailer may contribute to a wheel-off wreck.

Cargo Loaders

In many cases the company putting a semi-truck on the road isn't the same as the one that owns or loads its towed trailer. The latter company could potentially be liable for a wheel-off accident if their action or inaction directly contributed to the trailer losing wheels. Here are some ways the loading company might be considered responsible for a wheel-off wreck:

• Improper Loading - If the company improperly loads the trailer, such as putting in excessively heavy cargo or unevenly distributing it, it can lead to uneven pressure on the wheels. That may put excessive stress on them, increasing the chances one or more will separate from the trailer.
• Failure to Secure Cargo - If the loading company fails to adequately tie down the cargo in or on the trailer, the shifting of the load during transit can cause its wheels to lose contact with the road, leading to an overturn or a wheel-off crash.
• Negligent Loading Practices - If the loading company or its employees do not follow industry-standard loading procedures and safety regulations, their negligence could create dangerous conditions that lead to many different kinds of accidents.
• Neglected/Improper Maintenance - If the loading company is responsible for maintaining the trailers but they fail to keep the wheels and related components in good condition, that failure could eventually lead to a wheel-off accident. Similarly, if they perform maintenance but do an inadequate job, the lack of appropriate care might cause a lost wheel during transit.
• Inadequate Employee Training - If the employees responsible for loading and inspecting the trailers are not properly trained in loading procedures, safety measures, or maintenance protocols, that can significantly increase the risk of accidents.

If the loading company's actions or negligence are found to be a significant factor in a wheel-off accident, they may be held responsible for any damages or injuries resulting from it.

Grossman Law Offices Can Help

The mentioned suspects above are some of the most commonly liable parties for a wheel-off accident, but their involvement or negligence can't be taken for granted. Every accident is different, which is why careful and thorough investigation is so critical. However, taking all the necessary steps of that—finding and preserving evidence, performing a full forensic examination of the truck and its wheels, locating and interviewing witnesses, and subpoenaing the truck's maintenance records from its owners, just to name a few—and using the results to build a case is a major undertaking for victims and families just trying to get back on their feet.

Experienced partners can make a world of difference with those efforts. The Texas truck accident lawyers at Grossman Law Offices have decades of experience helping accident victims get the help they need and deserve. If you were hurt or lost a loved one in a commercial truck accident of any kind, call Grossman Law today for a free and confidential consultation.