Truck Trailer Hitch Failures
Truck hitches are responsible for keeping a trailer attached to the vehicle. When a hitch fails, devastating accidents and injuries can result, especially in instances when a trailer completely detaches from the truck. Truck trailer hitch failures can be results of a defect in a part or mechanism or due to a driver's error, such as failing to adequately inspect or maintain a truck before driving. Truck accidents can lead to catastrophic injuries for everyone involved, often making legal action necessary to cope with escalating medical costs as well as time missed from work for recovery. The Miami truck accident attorneys at our Law Offices help victims determine who is responsible for their harm and work tirelessly to ensure that those liable parties are held accountable. Our firm offers compassionate and zealous legal representation for victims, as well as families who have lost loved ones in a fatal truck accident, in Miami-Dade, Broward, and Palm Beach Counties.Common Factors Involved in Truck Trailer Hitch Failures
Many different types of vehicles rely on hitches to carry trailers, which may include vans, big rigs, pickup trucks, and rentals like U-Haul or Ryder trucks. Given the variety of these vehicles, as well as the fact that some are driven by inexperienced motorists, the potential of a hitch failure can be high. Some common situations that may lead to a truck trailer hitch failure and may indicate negligence include:
- A driver's failure to utilize or install safety chains properly.
- A defect in the hitch's design or during the manufacturing process.
- Rust on the hitch or another part of the truck.
- Defective brakes.
- Speeding excessively.
- Improper loading of or overloading cargo.
Determining what happened in the aftermath of a truck accident is confusing. Not only does identifying whether a hitch has failed take specialized knowledge and investigation, but also many different parties conducting their own inquiries are involved. Contacting an experienced attorney as soon as possible following a collision is important to preserving your legal rights.Holding Negligent Parties Responsible for Truck Crash Injuries
When a hitch fails, it can often be due to one or more party's negligent actions. When someone is injured, or a truck accident is fatal, a victim or surviving family members may be able to file a personal injury or wrongful death claim based on negligence against a responsible party. Negligence exists when one party breaches his or her duty to act as a reasonable and prudent person, causing injuries to a victim and resulting in damages. Indications of a truck driver's negligence may include driving too fast for conditions or failing to use the correct safety chains. A trucking company may also be vicariously liable for a negligent employee's actions or directly liable, for example, by failing to adequately train drivers in proper hitch attachment protocol. A manufacturer of a defective part that led to a collision can also be held strictly liable in a product liability claim. When negligence is established, victims may be awarded compensation for past and future medical expenses, lost income, loss of earning capacity, and pain and suffering in some cases. Surviving family members of victims can also recover costs related to burial or funeral arrangements and loss of consortium.Contact a Truck Accident Attorney Following a Crash in the Miami Area
Collecting the evidence necessary to show that a hitch failure has contributed to causing a truck accident can involve research into a trucking company's business and hiring methods, a driver's inspection and maintenance practices, and whether a design or manufacturing defect was present. The Miami attorneys at our Law Offices have experience making sure that all of these elements are carefully examined to determine who is liable for your harm. If you need legal assistance in the aftermath of a serious truck accident in Miami, Fort Lauderdale, West Palm Beach, or the surrounding areas, call (877) 499-4878 or contact us online today to set up a free consultation to find out more about how we can help.