TRAILER HITCH FAILURE


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Hitch Failure Defects Resulting in Rollover Accidents

It is common for pick-up 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 Cincinnati, Ohio 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, pick-ups, 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 the fault of a trucking company who 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 1 vehicle is towing another, the drawbar or connection may not exceed 15 feet from 1 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.

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ABOUT THE LYON FIRM

Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.

The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.

NO COST UNLESS WE WIN

The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.

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A Voice for Those who have suffered 

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 on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.

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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 in Cincinnati: 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.

Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.

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.

In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.

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.

Why Hire a Product Liability Attorney?

A Cincinnati Auto Defect Lawyer can assist in not only reviewing your accident and injury case, but is able to hold large corporations accountable for the negligent actions in releasing unsafe products to the public.

Auto companies must be held liable in order to keep the roads safe in America. So not only can The Lyon Firm seek compensation for injured plaintiffs, but we can file lawsuits to punish car makers for failing to properly test their auto parts before they are sold to the public.

When car makers fail to produce reliable cars and fail to provide basic road safety features, the National Highway Traffic Safety Administration and product liability attorneys can hold them responsible and help mitigate injuries and future damages.

The majority of accidents and injuries on the road are preventable, but defective auto design and manufacturing defects may leave victims with huge medical costs, lost wages, pain and suffering, and, in many cases, permanent injuries.

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law. 

$1,000,000

WRONGFUL DEATH: DISTRACTED DRIVER

(Brown County, Kentucky):   The Lyon Firm was second chair a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.

$495,000

MOTORCYCLE ACCIDENT

(Cincinnati, Ohio):  The Lyon Firm was lead counsel in a $495,000 settlement. This case involved a motorcycle operator who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into his right-of-way. Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically-demanding job.


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