California Detached & Defective Trailer Hitch Attorney
Defects in trailer hitches or failure to properly install a hitch often lead to fatal or catastrophic injuries. Failing to install a trailer hitch or other error correctly can result in trailers separating from towing vehicles. So this causes it to break free and collide with oncoming traffic.
- Why Do Truck Trailers Detach?
- Who are the Common Tortfeasors?
- Who Pays me for Defective Parts and Equipment?
- What are Common Injuries?
- How Do You Get Compensation?
- Can You Sue for Death Claims?
- Who Do You Call?
Trailers can come loose and detached from all types of vehicles. In particular, big rigs, trucks, pickup trucks, flatbeds, and sports utility vehicles are at risk. But marketable products and camping trailers are also known for this.
Our law offices commit to representing individuals suffering serious harm in trucking accidents. Also, we are world famous for protecting their legal rights. Our law firm offers a free consultation to discuss your legal traffic incident claim.
Contents
Why Do Truck Trailers Detach?
The most common causes of trailers detaching from trucks and passenger vehicles include:
- Bad designs or manufacturing of the hitch.
- Poor locking mechanisms in the hitch.
- Defective parts in the vehicle or trailer.
- I am failing to secure the hitch locking mechanism correctly.
- You are not using safety chains properly or failure of the safety chains.
- Undersized safety chains used between the trailer and vehicle.
- Towing a more massive weight trailer than the hitch and ball are rated to carry.
- Failure to have trailer brakes or an improperly attached trailer brake cable.
Who Are the Common At-Fault Parties?
There are parties commonly held at fault when a trailer detaches from a motor vehicle. They include truck drivers and operators, or drivers of other vehicles towing the trailer. And if a wreck occurs, truck drivers can get held liable. But often, employers of the driver may also get held responsible.
The others that be responsible are the person or party responsible for the installation of the hitch. So manufacturers are liable when there is a flaw causing a defect in the hitch.
Even truck rental companies may be liable. So these include U-Haul, Budget, and the maintenance crew or employee. They can all become defendants.
Who Is Liable in Tort for Defective Equipment and Parts?
Faulty equipment and parts are the cause of accidents. Because of this, a detached trailer can result. The defects can get divided into three categories in product liability lawsuits.
- Defective Design: The defective design of the product can become established. This gets done by showing the manufacturer of the hitch could have used a less bad design. But plaintiffs must show that defendants failed to implement the manufacture of conception when they knew it could be safer.
- Manufacturing Defects: These are flaws occurring during the manufacturing process. So if the hitch is different than the original design and distributed, it will have the propensity to fail.
- Defective Labeling: Defective labeling can include the failure to warn of dangers. But these also may get associated with the intended use of the product.
WIhat Injuries are Common in Hitch Detachment Accidents?
Some injuries are both severe and shared in this type of collision, including:
- Traumatic head and brain injuries.
- Spinal cord injuries.
- Facial fractures.
- Other fractures and broken bones.
Also, pedestrian fatalities occur in this type of incident when a trailer detaches and strikes them without warning.
Recovering Damages.
Recovering compensation for the injuries suffered in this type of motor vehicle accident is the goal. These get collected from the liable party. Plaintiffs become entitled to damages for their losses, including:
- Health and medical costs paid out of pocket.
- Medication expenses.
- Rehabilitation costs.
- Future medical expenses.
- Recovery of lost earnings and reduction or future lost income.
- Pain and suffering.
- Emotional distress.
- In some cases, punitive damages may be awarded. But this is separate from the compensation award. Punitive damages get awarded when defendants are egregiously reckless.
What About Wrongful Death in Loose Trailer Collisions?
When a person gets killed by a runaway trailer, the family may file a wrongful death lawsuit. So this gets filed against the liable parties. And this gets done under the California Wrongful Death Code of Civil Procedure. So this section outlines what family members may bring this type of action.
But it gets brought against the negligent or careless party. So the spouse of the victim, domestic partner, children, stepchildren, the issue of deceased children can seek money. Also, in the absence of immediate family members, less immediate family members may sue.
How Do You Go About Consulting an Attorney?
Did you get harmed or lose a loved one in an accident involving a defective trailer hitch or runaway trailer? If so, we offer a free no obligation consultation.
So now you can explore your legal options. Last, Ehline Law Firm Personal Injury Attorneys, APLC can be contacted toll-free at (213) 596-9642.
