While recreational vehicles lead to much enjoyment in the outdoors, they can be dangerous on American roadways and lead to towing accidents, catastrophic injury and death if adequate care is not given by the manufacturer, dealership and the ultimate consumer.
In most cases, towing accidents are due to excessive sway leading to a loss of control. The excessive sway may be a result of excessive weight, negligent hitch installation or a defective hitch design.
Following a towing accident where you suspect there was negligence, a defective product or simply have questions about what may have happened, you should contact and experienced product liability lawyer to investigate the matter.
Joe Lyon is an experienced Auto Accident Lawyer and product liability attorney who is well versed in the science and economic impact that such an injury has on a life and family.
The Lyon Firm has developed compelling evidence in catastrophic injury cases through the use of biomechanical engineers, life care planners, economists, and neurologists to present the highest quality evidence and arguments on the Plaintiff’s behalf.
This work has resulted in significant six and seven figure settlements that enhanced and secured a dignified quality of life for the Plaintiff’s future.
Towing Accidents Settlement
The legal options will depend on what caused the towing accident and injury. In most cases, these injuries are too serious for the injured party to negotiate a fair and comprehensive settlement without an attorney.
The interplay of complex liability questions, subrogation, and future life care plans require the attention of an attorney experienced in complex catastrophic injury and product liability lawsuits.
There are personal injury cases where an attorney may not be necessary, but towing accidents are usually result in permanent injury and should be addressed by a lawyer qualified in complex personal injury matters.
Vehicle Accident: If the case is only about a vehicle accident, there is typically insurance available to compensate the injured party. However, often individual vehicle insurance policies will not be sufficient to fully compensate the victim. In those cases, it may be necessary to find additional defendants that contributed to the accident sequence and can therefore contribute to compensating the injured party.
Common Causes of Towing Accidents
- Trailer weight exceeded the trailer tongue weight
- Trailer weight exceeded the trailer towing weight
- Trailer weight exceeded the vehicle’s rated capacity for towing
These weights are all pre-determined by the manufacturer for consumers. If the gross weight of either component is exceeded, it can cause an inability to steer or brake.
In extreme circumstances, when the weight of the trailer is greater than the weight of the automobile, drivers can experience a loss of control as their camper sways from one side to the other. Since the camper weighs more than the gross weight of the vehicle itself, the camper effectively gains control of the vehicle and the passengers inside.
Dealership Negligence: Cases involving trailer campers often involve negligence on the part of the dealer, at least to some degree. When a dealer is looking to sell a trailer suitable for your vehicle, they must keep in mind the Rated Capacity, the Trailer Towing Weight, and the Trailer Tongue Weight.
These values will all be specific to your vehicle; for instance, based on the hitch you have on your automobile, your trailer tongue weight may be different.
It’s important for dealers to find and know these weights, as well as the cargo capacity drivers are expecting to carry. If it turns out that dealers incorrectly sold you a trailer not compatible with your vehicle, dealers were negligent in their sale.
Additional Examples of Dealership Negligence:
- Sold or installed hitch with loose bolts
- Recommended and sold incorrect hitch model for that particular modeled car
- Failed to recommend or sell a hitch stabilizer when there needs to be one
Product Liability: Where the injury was caused by a defective product, the litigation path is much more expensive and complex. The attorney will need to evaluate the viability of the defendant and cost to prove the case through expert testimony.
Product liability cases can be some of the most expensive types of litigation, but where there is a viable defendant, the cases should be evaluated carefully to determine if a defective product caused the towing accident.
Towing Accident Injuries