When a big rig loses its trailer because of a hitch malfunction, it can cause chaos on the road. A runaway trailer can collide with other vehicles, causing catastrophic or fatal injuries to motorists. Truck equipment failures can lead to deadly accidents. Trucking companies have a responsibility, under federal regulations, to maintain their vehicles and equipment in safe working order. When they fail to do so, they may be held liable for hitch failure accident injuries.
The attorneys at Sorey & Hoover, LLP have seen firsthand the devastation that trailer hitch failures can cause. Truck trailers are large and heavy. Average cars don’t stand a chance against them. Our clients who have been victims of runaway trailers are often left broken bones, heavy lacerations and have even lost limbs. If you or a loved one have been injured in a trailer hitch accident, then you are likely feeling frightened and at a loss as to what to do next. Contact Sorey & Hoover, LLP at (903) 230-5600 and we may be able to help you take the next steps towards the rest of your life.
What Causes Tractor Trailer Hitch Failures?
A truck hitch is a mechanism on a big rig by which the trailer is connected to the cab. Its function is to keep the tractor and trailer connected safely together. When the hitch fails, the trailer, which is no longer attached to the cab, can go barreling down the roadway, colliding with other motorists and causing serious, catastrophic, or fatal injuries.
Unfortunately, a truck hitch can fail for a variety of reasons, including:
- Design or manufacturing defects
- Rusted components
- Malfunctioning trailer tongue or coupler
- Defective locking mechanism
- Overloaded trailer
- Speeding or reckless driving
- Inadequate safety chains between the hauling vehicle and the towed trailer
- Improper use of safety chains
- Malfunctioning brakes
- Dangerous road conditions
Whatever the cause, the end result is deadly. Truck accidents, especially hitch failure accidents, lead to devastation. They can leave victims severely injured, and cars completely totaled. Without proper compensation, it may not be possible for you or your family to pay for someone else’s negligence. Even if you can afford to pay, you shouldn’t you have to. That’s why you should look into filing a personal injury claim. The first step in that process is determining who you are filing the claim against.
Who Is Liable for Hitch Failure Accidents?
Determining fault in a hitch failure accident can be a complicated matter. It all depends on the details of your case and what exactly happened to cause the hitch to fail in the first place. After your accident, the last thing you want to do is investigate who to hold liable for your injuries. That’s why you need an experienced truck accident attorney to investigate for you.
Generally speaking, there are three main parties that could be found to be at fault. The most common parties we find to be responsible are:
Truck driver: If the driver was negligent, he or she might be liable for your injuries. Driver negligence may involve driving fatigued, traveling too fast for conditions, or other driving errors. Truck drivers are also required to perform regular equipment checks, and that includes checking the hitch to ensure it is working properly.
Trucking company: Trucking companies, large or small, are responsible for maintaining their vehicles and equipment in a safe operating condition. This responsibility includes regular inspections and maintenance, including mandatory checks of particular parts of the rig, including the trailer hitch. They are responsible for hiring and retaining qualified, reliable drivers, and for providing them with reasonable schedules to help prevent driver fatigue. The trucking company also has a responsibility to hire qualified mechanics, to ensure they comply with industry standards in repairing and maintaining vehicles and equipment, and to provide them with the proper tools and resources.
Truck or parts manufacturer: Defective design or manufacturing of large trucks or their parts can also lead to hitch failure crashes. In this case, the manufacturer of the faulty vehicle or replacement part may be a responsible party who can be held liable for your accident and injuries.
Why You Need An Attorney
Truck accidents are complex cases, involving state and federal regulations and multiple potentially liable parties. A runaway trailer accident can be particularly complicated, as several different parties may have contributed to the crash. If you have been injured in a hitch failure truck accident, it is critical that a thorough investigation is initiated at once. With the help of experts, your attorney can determine fault and liability and collect and preserve evidence to support your claim. If you fail to act quickly, valuable evidence could be destroyed or lost.
Catastrophic truck accidents are high-stakes cases, and trucking companies and their insurers have teams of lawyers to challenge claims. It is vital to ensure you have experienced legal representation to deal with insurance companies on your behalf and aggressively pursue full and fair compensation, as you deserve.
Why Choose Us?
Our Texas trucking accident attorneys at Sorey & Hoover, LLP are fierce advocates for injured truck accident victims. We have many years of experience recovering compensation for the injured people we represent. We offer a free consultation and work on a contingency fee basis. Call us at (903) 230-5600 today if you have been hurt or lost a loved one in a hitch failure accident that was caused by an act of negligence.
