Who Is At Fault: Tyre Burst Accident
Your tyre burst and the vehicle went out of control, and you want to know who is responsible.
A tyre-burst accident turns on one main question: why the tyre failed. Worn tread, an old or under-inflated tyre, and poor maintenance can count against the driver, while a sudden puncture from a pothole or road debris points away from them.
Whether another vehicle was involved also changes which route applies, since a burst that only damages your own car is usually a matter for your own insurer.
See who is at fault and own damage claim for the two routes this can take.
The typical facts in a tyre-burst accident
A tyre burst usually happens for one of a few reasons.
- Worn tread or an old tyre failing under normal driving
- Under-inflation causing overheating and a blowout at speed
- A sudden puncture from a pothole, nail or road debris
- The vehicle swerving or overturning after control is lost
Whether the cause was preventable maintenance or a sudden hazard usually decides who carries the blame.
How is fault usually assessed?
The court asks whether a reasonably maintained vehicle would have avoided the failure, looking at the tyre’s age, tread and pressure history. A driver who ignored clearly worn tyres is in a weaker position than one hit by a sudden road hazard.
Where the burst led to a collision with another vehicle, the same question feeds into the ordinary fault assessment between the two drivers.
What evidence decides a tyre-burst case?
- Service records and the tyre’s age and tread depth
- Photographs of the burst tyre and any visible cause, such as a nail or pothole
- Dashcam footage showing the loss of control
- The police report and scene sketch
- Road condition evidence, if a pothole or debris was involved, see highway debris
Photographing the tyre itself, before it is replaced or discarded, is often the single most useful thing you can do.
Were you partly at fault?
If the tyre was clearly worn or poorly maintained, a court can reduce your compensation for that share rather than end the claim.[1] There is no fixed percentage for this.
See how contributory negligence works for the general rule.
What to do at the scene and after
- Get medical attention if anyone is hurt, and move to a safe position if you can.
- Lodge a police report within 24 hours, especially if another vehicle was involved.[2]
- Photograph the burst tyre, the tread, and any road hazard nearby.
- Keep your last service record and receipts for any recent tyre work.
- Notify your insurer and explain plainly what you believe caused the burst.
Common questions
Is a driver automatically at fault if their tyre bursts?
Not automatically. The court looks at why the tyre burst. Worn tread, an old tyre, or poor maintenance can count against the driver, while a sudden puncture from a pothole or debris on the road is treated differently.
What if the burst was caused by a pothole or road debris?
This points away from the driver and can raise separate questions about the road's condition. Photographs of the road hazard, taken as soon as possible, are worth keeping in this situation.
Can I still claim if my own tyre burst and I hit someone else?
If the burst was due to your own neglect, such as clearly worn tyres, this can weigh against you in a claim by the other driver. If it was a sudden, unforeseeable hazard, that is a relevant defence worth raising.
What if only my own vehicle was damaged?
With no other vehicle involved, this is usually treated as a single-vehicle matter for your own insurer rather than a third-party claim. See [own damage claim](/own-damage-claim/) for how that route works.
Sources
- Low & Partners, on s.12 Civil Law Act 1956 (contributory negligence) (accessed 2026-09-22)
- AskLegal.my, on Road Transport Act 1987 s.52 (accessed 2026-09-22)