Truck Trailer Hitch Failures

A truck is attached to a trailer with a hitch. If a trailer comes loose, the consequences can be devastating. Hitch failure accidents, also known as runaway trailer accidents, can happen for a number of reasons including, but not limited to:

• Defective design
• Improper installation
• Driver inexperience
• Overloaded cargo
• Driving at excessive speed
• Rusted component
• Hazardous road conditions
• Defective brakes

Liability in Hitch Failure Accident Cases

Trailer truck hitch failure accidents are serious and their victims deserve compensation when they are the result of negligence. Determining fault in these accidents can be extremely complicated. In some cases, the trailer’s driver may be at fault for a wreck, while in other cases, the manufacturer may be at fault for the accident if a defective part was the cause of the accident. Of course, this is not an exhaustive list and you can rest assured that our attorneys will work hard to identify any and all potentially liable parties in your case. You should also note that in some cases, multiple parties might be responsible for the accident.

If a truck driver was responsible for the accident, you can likely recover compensation through a negligence claim. Negligence takes place when a truck driver fails to use the level of care that a reasonably prudent truck driver would have used under the same or similar circumstances, such as by driving while fatigued, causing an accident and injury to another. In order to win a negligence claim, the plaintiff must establish the following elements: the truck driver owed the plaintiff a duty of care; the truck driver breached the duty of care owed to the plaintiff; and the truck driver’s breach was a direct and proximate cause of the accident and plaintiff’s resulting injuries.

If a hitch failure takes place due to a design or manufacturing defect, it may be possible to recover compensation through a products liability claim. These cases can be easier to prove than negligence cases as you simply need to show that the design or manufacturing defect was the cause of the injury as opposed to establishing every element of negligence.

Damages in Illinois Truck Accident Cases

Truck accidents can lead to long-term injuries that can be extremely expensive to treat. If you are able to successfully establish liability in a truck accident case, you may be entitled to a variety of economic and non-economic of damages under Illinois law. We can help you obtain compensation for medical expenses, rehabilitation, physical therapy, lost wages, pain and suffering, emotional distress, cost of future care, and compensation for any other losses arising from the accident.

Hiring a Truck Accident Lawyer in Schaumburg or Wheaton

If you or a loved one has been injured in a negligent hitch/runaway trailer accident due to someone else’s negligence, our reputable Schaumburg and Wheaton accident attorneys may be able to help. At Therman Law Offices, we are committed to pursuing the full and fair compensation our clients deserve for the harm they have suffered at the hands of negligent parties. We proudly serve clients from Schaumburg and Wheaton, as well as communities including Arlington Heights, Streamwood, Hoffman Estates, Elgin, Hanover Park, Bartlett, Bensenville, Wood Dale, Bloomingdale and Roselle. To discuss your case with us in more detail, please call us at 312-588-1900 or contact us online.