Detached trailer accidents often result in catastrophic and fatal injuries. In some instance defects in the hitch or failure to properly install hitches results in trailers becoming loose crossing the center lain of a highway or street and colliding with oncoming traffic. Our Law Firm is dedicated to protecting the rights of individuals who suffered serious injuries in motor vehicle traffic collision involved detached runaway trailers from trucks, big rigs, rental trucks, flatbeds, and pickup trucks ans sports utility vehicles. Our office provide free no cost legal consultations regarding your claim.
Common causes of detached trailers:
- Defect in the design or manufacturing of the hitch or other defects present in the vehicle or the trailer – flaw in the locking mechanism of the hitch
- Failure to properly maintain or inspect a trailer and the hitch
- Failure in the locking mechanism – often due to failure to correctly place
- Failure in the safety chains – chains not properly attached to the vehicle
- Trailer was equipped with undersized safety chains
- Trailers carrying heavier lead that the ball and hitch was rated to pull
- Emergency trailer brake cable improperly attached
At fault parties in accidents caused by the detaching of trailers often include, truck drivers include persons responsible for placing the hitch, employers of drive drivers and operators, manufacturers for defective hitches, maintenance crew, rental truck companies including Budget and U-haul, and owners of the truck carrying the trailer. Defective Vehicles Parts Resulting in Detached Trailer Accidents: Defective equipment and parts is a common cause of detached trailer accidents. Generally there are three distinct causes of action in product liability lawsuits.
- Defect in the design of the product: A design defect cause of action can be established in a court of law if the manufacturer of the hitch had knowledge of a less dangerous design but failed to implement it.
- Defect in the manufacturing of the product: If the final manufactured and distributed hitch was markedly different and as a result more prone to failure when compared to the original intended design.
- Labeling defect: also referred to as failure to war o dangers associated with the common use of the product
- Brain Injury
- Facial fractures, lacerations and scarring
- Pedestrian fatalities – run over by detached trailers
- Broken bones and fractures
- Spinal Cord Injury
Compensation for Your Injuries: Victims of personal injury in motor vehicle accidents are entitled to monetary compensation for all their losses including.
- Recovery for all out of pocket health and medication costs
- Cost of rehabilitation and future medical costs
- Recovery for lost wages due to inability to work and loss or reduction of future income
- Pain and suffering including emotional distress
- Punitive damage – where the defendant displayed a reckless disregard for the health and safety of the injured party
Fatality Caused by Runaway Trailer Accidents
In the State of California relatives of the deceased have a right to file a wrongful death cause of action against all at fault individuals. California Wrongful Death Code of Civil Procedure state that a claim for wrongful death can be filed in the court of law by “The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.”
Contacting an Attorney – If you have any further legal questions regarding your injuries call toll free (855)385-2529. All consultations are free of charge.
Further Information: Avoiding Trailer Hitch Accidents