Hitch Failure | Auto Defects

Auto Defects & Recalls

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trucks with hitch and trailers

It is common for pickup trucks and SUVs to have attached trailer hitches to tow heavy cargo. Because heavy loads put huge amounts of pressure on trailer hitches, these connectors must be strong and dependable in order to create safe road environments.

But all too often, trailer hitch failure, hitch disconnection and trailer defects lead to serious road risks and deadly accidents. Almost every driver has seen a trailer that looks out of control, whether because the driver is inexperienced or because there is a problem with the loading of the vehicle.

If a defective trailer hitch fails and sends attached cargo into the roadway, an accident can result in passenger injury and fatalities. Following any auto accident that involves trailer hitch failure, The Lyon Firm investigates the root cause of the accident. Trailer hitch accidents may be caused by the following:

  • Poor assembly
  • Electrical sensor malfunction & Software defects
  • Design defects
  • Overloading
  • Driver negligence
  • Manufacturing defect
  • Hitch disengagement
  • Lack of proper lighting and trailer signals
  • Lack of driver training

Joe Lyon is a product liability lawyer and auto accident attorney reviewing trailer hitch failure lawsuits. Following a preventable road accident, plaintiffs nationwide should contact a lawyer to discuss legal options.

Trailer Hitch Failure Lawsuits

Trailer hitches are assumed to be able to maintain a strong connection between SUVs, trucks and trailers. A trailer hitch failure, or hitch disconnection, due to a design or mechanical failure can be considered the responsibility of the manufacturer in a court of law.

Manufacturers can be held liable and financially accountable for accidents and injuries when their products fail to function as intended. The following trailer hitch defects can lead to road accidents:

  • Poor design
  • Malfunctioning locking device
  • Faulty hitch latch
  • Support chain failure
  • Hitch made of poor materials
  • Electrical component failure
  • Hitch rust and corrosion
  • Improperly attached emergency brake cable

The Lawyers at The Lyon Firm are experienced in engaging negligent manufacturers and drivers following accidents caused by trailer hitch failure. The Lyon Firm is currently accepting cases involving injured plaintiffs nationwide.

Trailer Accident Lawsuits

Hitch malfunction can affect any vehicle that tows another, including SUVs, semis, pickups, flatbeds, RVs, heavy rigs, and moving trucks. Hitch failure can be due to hitch defects, defective trailer tongues, defective couplers, improperly distributed weight, defective braking systems, overloading, defective locking mechanisms, rusty components, and improperly installed safety chains.

In some cases, a truck driver is driving recklessly, and can be held accountable for creating unsafe road conditions. Other times, it may be the fault of a trucking company that failed to properly maintain equipment or inspect hitches. Sometimes the cargo loaded onto a trailer is too heavy, and stresses the connection enough to lead to failure.

Trailers & Towing Safety

In order to create a safe road environment, a full trailer must be equipped with a tow-bar and a means of attaching the tow-bar to both the towing and towed vehicles. The tow-bar must be provided with a locking device that prevents hitch separation. A mounted trailer hitch on a towing vehicle must include reinforcement.

Ohio law dictates the following:

  1. When one vehicle is towing another, the drawbar or connection may not exceed 15 feet from one vehicle to the other.
  2. When the connection consists of a chain, rope, or cable, there shall be displayed upon such connection a white flag or cloth not less than 12 inches square.
  3. In addition to a drawbar or other connection, each trailer and each semitrailer which is not connected to a commercial tractor by means of a 5th wheel shall be coupled with stay chains or cables to the vehicle by which it is being drawn.
  4. Every trailer or semitrailer shall be equipped with a coupling device, which shall be so designed and constructed that the trailer will follow substantially in the path of the vehicle drawing it, without whipping or swerving from side to side.

Handling Complex Auto Defects Cases

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Why are these cases important?

Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences for individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.

Questions about Hitch Failure Lawsuits

What is a Personal Injury Lawsuit?

Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.

Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.

Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.

What is the Process?

Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses. Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.

Filing a Lawsuit: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations.  Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.

Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.

Has My Car Been Recalled?

Consumers can follow recall news or search for current and past recalls on the Web sites of the NHTSA, as well as on other car safety advocate outlets. Look on your car windshield for a 17-character Vehicle Identification Number. Your VIN is also located on your car’s registration card.

If your car has been recalled and you have suffered an injury, contact an auto defect attorney to investigate a potential claim

Can I File an Auto Defect Lawsuit?

You may not be aware that your car is defective. It is not always obvious when your seat belt or other safety component fails to function as intended. It can take an expert in auto engineering to determine what contributed to an accident or injury.

You can contact The Lyon Firm, and we will work diligently to review your auto accident case. If an auto defect was in part responsible for an auto injury, a lawsuit can be filed and a large settlement is likely.

If negligent manufacturers and automakers are directly responsible for an auto-related injury, a product liability and personal injury lawsuit may be filed and compensation may be recovered for accident victims. Plaintiffs may seek compensation that may include property damages, past and future medical expenses, lost wages and future earnings, and pain and suffering.

The Lyon Firm takes pride in representing consumers to make America’s roads safer by holding negligent auto manufacturers accountable for auto defects that lead to accidents and injuries. When car makers fail to institute basic safety measures and fail to test auto components before releasing cars tot he public, they may be targeted in product liability lawsuits.

Did an Auto Defect Cause my Accident?

Auto defects have been known to cause accidents in tire failure, tread separation accidents, brake malfunction and sudden acceleration cases.

Auto defects may not cause every accident, but they can play an integral part in causing injury in the event of an accident. This is common in defective seat back collapse, seat belt defects and airbag defects. When these crucial safety features fail to function as they were intended.

Who is Responsible for Auto Defects?

Auto manufacturers and car makers can be held liable in auto defect lawsuits. Many automakers outsource some of their production and may not always be aware of some defects. Honda, for example, purchased all their defective airbags from Takata.

Some defective auto part suits name other defendants like negligent auto dealerships or auto repair shops who alter car parts or fail to properly repair automobiles and leave a serious safety risk.

What Cars are Defective?

The list of defective automobiles changes each year, and it is more likely that certain components are defective rather than an entire brand name. Nowadays many car makers use the same third-party suppliers, which compounds safety issues when a defective auto part is produced.

What are the Most Common Auto Defects?

In recent years, the most common auto defects have been faulty airbags. Millions of cars were recalled for defective airbags. Other common auto defects are defective throttles, defective car software, and tire failures. Tire failure has been an issue in many car accidents and truck accidents.

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Taking the first step doesn’t have to be complicated. In just a few minutes, you can share the basics of your case, and our team will guide you from there:

  • It begins with a few simple questions about your situation.
  • From there, a member of our legal team reviews your case.
  • Together, we’ll chart the path forward, helping you take the next step toward resolution.
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