Car Accidents
Have you ever traveled down the road and noticed how many cars are hitched to a trailer, right here in Maryland? Or if you have ever traveled the roads near the Chesapeake Bay or its tributaries, you have probably noticed many cars, trucks, and RVs hitched to a trailer or some sort. In Maryland, boating is incredibly popular; therefore, it is very common to see boats hitched to both cars and trucks on the roadways.
The problem is that these trailers are not hitched by professionals. Runaway trailers and negligent hitch accidents occur because people without any training or experience are the ones hitching their boats or trailers to their vehicles and/or transporting their cars, trailers, horses, and so forth.
Hitch Accidents/Failures
Hitch and towing accident data is pretty surprising. The National Highway Traffic Safety Administration (NHTSA) reports that around 50,000 hitch accidents occur every year. About 21,000 injuries were reported as caused by negligent towing or a faulty hitch. In the same year, an additional 450 fatalities were reported. Of course, many of these accidents occurred because people do not learn and/or are not trained to drive with a hitch attached to their vehicle.
These accidents are so common because there are many reasons why hitches fail. Our lawyers have seen all kinds of these cases. Just because someone drives a pickup truck or a vehicle designed to tow a trailer, they are not necessarily more secure. Hitching accidents can occur in any vehicle, from a station wagon to a semi-truck. These types of accidents are typically caused by some of the following reasons: manufacturing defects, rust, defective trailer coupler, excessive speed, failure to use safety chains, overweight cargo, and faulty brakes.
Who Is On the Hook for a Runaway Trailer Accident?
When a trailer detaches from a towing vehicle and causes a crash, it may appear that fault lies with the person pulling the trailer. In many cases, that is true. But determining legal responsibility for a trailer hitch failure or detachment accident often requires a deeper look at the facts. These incidents can involve multiple parties and legal theories, depending on how and why the trailer came loose. Our lawyers have handled many of these cases and understand the complexities that often emerge once the evidence is reviewed.
The Driver of the Towing Vehicle
In many runaway trailer accidents, the towing driver bears legal responsibility. This is especially true when the driver fails to properly attach the trailer, skips safety protocols, or overloads the vehicle. Proper hitching requires attention to detail, correct use of equipment, and a basic understanding of towing mechanics. If a trailer detachment occurs because the driver skipped steps or ignored warning signs, they may be found negligent.
It is important to recognize that trailer hitches are mechanical devices with several components that must work together. A missing safety pin, a misaligned coupler, or worn components can lead to catastrophic failure. Proving liability often involves showing that the driver did not take reasonable care when securing the trailer.
The Hitch Manufacturer
Not all trailer accidents are the result of driver error. Some occur because of a defective hitch. A poorly manufactured or improperly designed hitch can fail even when used correctly. In these cases, the company that produced or distributed the hitch may be held legally responsible under product liability law.
Our attorneys have handled cases where metal fatigue, substandard materials, or faulty locking mechanisms caused the trailer to separate without warning. When the evidence points to a product defect, the focus of the claim shifts from the driver to the manufacturer.
The Cargo Loader or Equipment Owner
In commercial trailer accidents, liability may extend beyond the driver and the hitch itself. If the trailer was loaded beyond its weight capacity or the cargo was poorly balanced, the company or individual who loaded it may share in the blame. Excessive cargo weight can compromise the trailer’s handling and stress the hitch system, making failure more likely.
In other cases, the trailer may have been owned or maintained by a third party. A poorly maintained trailer with rusted components, worn brakes, or missing safety chains can break away even under proper towing conditions. When this happens, the party responsible for maintaining the trailer may be held accountable for the resulting injuries.
Runaway Trailer Accident FAQs
What is a runaway trailer accident and why do they happen so often?
How dangerous are trailer detachment accidents?
Who is responsible if a trailer causes an accident?
Can I sue for injuries caused by a trailer hitch failure?
How do I prove the trailer was improperly hitched?
Is the hitch manufacturer ever to blame for these accidents?
What kinds of injuries are common in runaway trailer accidents?
How much compensation can I expect for a trailer accident claim?
What should I do if I have been injured in a trailer accident?
Sample Runaway Trailers and Hitch Accident Settlement Amounts
The following settlements are excerpts from actual cases involving runaway trailers or negligent hitch accidents. These stories are interesting and helpful in understanding settlement value, but do not read too much into them. Each case is unique.
- 2014, Florida: $900,000 Settlement – A husband and wife were riding their motorcycle behind a Ford F-450 pickup, with a trailer in tow. The trailer was secured by a pin that tended to rattle out when the truck was in motion. Suddenly, the trailer breaks loose from the truck, colliding with the couple on the motorcycle. They lose control of their bike and fall to the pavement. An ambulance transports them to a local ER, where the husband is diagnosed with several bone fractures and muscle tears. Luckily, the wife escapes with only a road rash. The husband undergoes surgery to repair the damage, but he will have pain for the rest of his life. They hired a motorcycle accident lawyer and brought suit against the company that operated the pickup truck and trailer, which settled for $900,000 on the third day of trial.
- 2011, Alabama: $127,500 Settlement – A UPS driver operates a semi-truck on the highway. Suddenly, the truck’s trailer detaches, causing the truck to swerve and shake violently. During the violent swerving, the driver sustains injuries to his back, neck, and shoulders. The driver sues UPS, alleging that the accident caused permanent injuries. Medical examinations revealed that the driver has suffered 8% body impairment due to his neck injuries. The parties agree to settle the case before trial for $127,500.
- 2011, North Carolina: $12,000 Settlement – A man forgot to use safety chains when hooking up his employer’s trailer to his vehicle. While driving on the highway, sparks start to fly out of the bottom of the trailer, causing it to detach. The trailer crosses the median and strikes another vehicle. The driver of the other vehicle claims that he suffered severe back and neck injuries, prompting him to sue the other driver and his employer. The Defendants argued that the man did not seek treatment until two weeks after the accident. The parties settled before trial for $12,000.
Hiring a Lawyer
If you or a loved one has been injured in a runaway trailer/negligent hitch case due to someone’s negligence, contact Miller & Zois. Call 800-553-8082 or request a free consultation online.