Auto Insurance Claims: blown out tire, auto insurance claim, freak accident

Question
I was on the freeway when the vehicle that was in front of me had a blown out tire.  A piece of the hubcap came flying towards my truck causing damage to it.  Is she liable for my damage to my truck?

Answer
Hello,

Probably yes. There are somethings you have to prove. This person has a duty to keep their vehicle up and running safely. If the vehicle had bad tires, or they were bald and the driver did nothing to fix this, then you can show negligence and you should be compensated. Why did the tire do this? Was it a "freak" accident? It is hard to say.

However,

If this was a "freak" accident where the driver or owner did nothing wrong. The tires were new and they were not worn or did not show any deterioration, it is possible that a court could find him not negligent and protect him under a "road hazard defense." A road hazard are those that we assume we we drive, the rocks, bumps, etc. that we all hit. Again, if there is negligence or intentional damage, the road hazard defense will not operate.

Good Luck,
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