We’ve all seen vehicles towing trailers, horses, or other vehicles behind them. Take a drive on just about any road in New York (especially on the interstates), and you’ll likely encounter a few.
Regular, everyday drivers hitch boats, storage trailers, and other vehicles or devices to the back of their car and hit the road. It’s an efficient way of transporting heavy cargo without paying much money. But the people doing the hitching are not professionals and don’t necessarily know what they’re doing.
Sometimes, these hitches fail or otherwise come undone while traveling down the road. At high speeds or on crowded roads, you can imagine the catastrophe that might occur.
Runaway trailer accidents and other negligent hitch failures can cause incredible devastation. Some are even deadly.
Runaway trailer accidents are serious, and their victims deserve compensation. Unfortunately, insurance companies are notorious for denying claims in these cases, even when they have an obvious responsibility to pay. Often, victims cannot make headway with the insurer until they bring an experienced NYC auto accident attorney on board.
At Tucker Lawyers PC, we understand how runaway trailer accidents, similar to hit-and-run cases, happen and how to effectively maximize compensation for victims afterward. We are dedicated to holding careless parties responsible for negligent hitch failures and achieving justice for those who are injured as a result.
Common Causes of Runaway Trailer Accidents
In some cases, the root causes are as simple as sloppy hitching. In others, the fault is more technical and may lie with a manufacturer or third party instead of the trailer’s driver.
COMMON CAUSES RELATED TO THE DRIVER AND THEIR INSTALLATION OF THE HITCH INCLUDE:
- Hastily installed hitches
- Failure to carefully inspect the hitch for safety and stability before operating at high speeds
- Failure to follow instructions when installing hitches
- Rusting components within the hitch
- Using very old hitches
- Towing overweight cargo
- Speeding or reckless driving
- Failure to properly apply the appropriate safety chains
- Hazardous road conditions
- Highway obstructions
- Inclement weather.
Common Causes Related To A Manufacturer Include:
- Defects in the design or production of the hitch
- Inadequate instructions or safety warnings in the sale of the hitch
- Failure to recall or address known safety problems with specific hitches
- Defective trailer tongues or couplers
- Malfunctioning brakes.
In some towing accident cases, local governments or third parties may also share the liability.
What Are Your Potential Legal Options After NYC Runaway Trailer Accidents?
If your runaway trailer accident happened due to another party’s carelessness, you might be able to get compensation for your accident. Your case can be resolved through the following:
- A settlement. The other party’s insurance company may offer to settle out of court with you. OR
- A trial. Your case may progress to trial if you and the other party can’t reach a mutual settlement.
With either outcome, proving the other party’s negligence is extremely important. That is why you should seek the legal advice of a negligent hitch failure lawyer.
Different Elements of Runaway Trailer Accidents
Not all truck accidents are equal. Each truck accident has different factors that can affect the ability to obtain compensation. The causes of a runaway trailer, for example, could be reasons for negligence, including:
- Driving at an excessive speed
- Failing to apply safety chains
- Traveling with overweight cargo
- Improper maintenance of the vehicle transporting the trailer
- Failing to apply the safety brakes.
Even if your runaway trailer accident was caused by a negligent hitch, proving negligence is not always easy. That is why the type of truck accident attorney you consult matters. It may help your case to work with a trailer hitch failure truck accident attorney.
Determining Liability In a New York City Runaway Trailer Accident
After a deeper investigation, you may discover that multiple parties are responsible for your runaway trailer accident. These parties could be any of the following:
- The driver. The driver may have been traveling at an excessive speed.
- Other drivers in the accident. Another driver may have struck the driver with the trailer.
- The cargo loaders. The cargo loaders may have loaded a trailer beyond the maximum capacity.
- The manufacturing company. There may have been a manufacturing defect within the hitch.
- The trucking company. The trucking company is liable for the truck driver’s actions, whether they were aware of the driver’s actions or not.
It could be challenging to hold one party liable in an accident, let alone several parties. That is why working with runaway trailer accident attorneys could be in your best interest. Runaway trailer accident attorneys are skilled in proving the negligence of multiple parties. They can negotiate with multiple insurance companies while simultaneously protecting your legal interests.
Evaluating Your Damages From a New York City Runaway Trailer Accident
A negligent hitch failure lawyer can also evaluate the damages from your runaway trailer accident. Your accident can result in several types of damages, including the following:
- Medical treatments
- Lost wages
- Mental anguish
- Physical pain
- Burial expenses (for your loved one).
Some of these damages are easy to measure, and others must be calculated using other methods. Pain and suffering, for example, are damages that are not considered economic but can be measured with a particular formula. Unfortunately, the insurance company uses a different way to calculate this type of damage. Their calculation could be less than what you deserve. A runaway trailer accident lawyer can give you a more realistic view of what you deserve.
Investigate Your Negligent Hitch Failure
Runaway trailer accident attorneys can investigate the factors that led to your accident. If your accident must be reconstructed to determine who was at fault, they have critical resources you couldn’t access.
If a negligent hitch failure caused your accident, your attorney could conduct interviews with the cargo loaders and trucking companies. They can investigate the products used to hitch the trailer. They can review other important pieces of evidence like police reports and eyewitness statements.
Talk to an experienced truck accident attorney in New York today about your injuries. You have the ability to hold the responsible parties accountable, so you are not stuck paying for medical expenses and other damages out of your own pocket.
Negotiating With Insurance Companies
Settling for a negligent hitch failure accident requires cooperation with the insurance companies. Unfortunately, insurance companies want you to submit to their demands, not vice versa. It’s common for insurance companies to offer a low settlement. Insurance companies know that many victims don’t have the time or finances to wait the insurance company out.
NYC runaway trailer accident attorneys are skilled in negotiating with insurance companies. They know how to build a strong case and negotiate the best settlement for you. Talk to our truck accident lawyers in New York City today at Tucker Lawyers, PC.
Taking Further Legal Action When Necessary
If the insurance company threatens to take your case to trial, your runaway trailer accident attorney can represent you. Preparing your case for trial takes a certain skill set. Like the settlement process, it stems from building the most compelling case. The stronger your evidence, the more likely you will receive the desired outcome.
Your NYC runaway trailer accident attorney can use their resources to interview eyewitnesses, conduct interviews with experts, and prove negligence with legitimate evidence. If your attorney’s evidence is strong enough, the insurance company may decide to revisit your settlement offer.
Talk to an Experienced NYC Runaway Trailer Accident Attorney at Tucker Lawyers PC
If you’ve been injured because of a runaway trailer or a hitch failure in New York, an experienced NYC auto accident attorney can help you get the compensation you deserve — even if an insurance company is fighting. Call the office of Tucker Lawyers PC, or submit our contact form for a free, no-obligation case review today. You deserve to be compensated for your losses so you do not go into debt paying for medical bills or any other expenses related to the crash.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]