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What could be more frightening than driving down the highway and seeing an 18-wheeler’s trailer detach right in front of you? Unfortunately, trailer detachment accidents are often catastrophic or even fatal. Trailers can detach from all types of vehicles, including trucks, big rigs, flatbeds, pickup trucks, etc. Thompson Law Injury Lawyers are dedicated to protecting your rights if you have been involved in any form of a trucking accident.
These following incidents demonstrate the severity of the trailer detachment accident problem in Texas.
Some of the reasons why a trailer may get detached from the truck include:
A truck driver needs to consider the weight and type of their cargo as well as the condition of the road in order to adjust the speed accordingly. Driving too fast while towing extremely heavy cargo on a rough road may cause the trailer to detach.
Sudden turns can cause the trailer to jackknife, thus separating from the cab.
Texas laws allow a trailer to weigh a maximum of 80,000 pounds. However, some trucking companies have a tendency to overload in order to maximize on profits made for each delivery. Truck overload increases the chances of trailer detachment.
Trucking companies and drivers are obligated to ensure that their vehicles are regularly serviced and inspected.
If the weight of the trailer exceeds that of the cab towing it in a steep decline, the driver may find it impossible to apply brakes, leading to a trailer separation.
Depending on the circumstances surrounding the accident, a number of people may be held liable for a trailer detachment accident. These include:
Driver negligence is one of the leading causes of most trucking accidents in Texas. In a trailer detachment accident, the driver can be deemed negligent if he fails to secure the trailer appropriately, defensive driving, failing to follow the laid out safety protocols, or if he over speeds.
The trucking company has a duty to ensure that the truck is inspected and maintained regularly. It also has a responsibility to ensure that the truck is not overloaded. If the trucking company knowingly allows an innocent driver to drive a defective, unmaintained truck, or an overloaded truck, they may be held liable for the accident.
Hitch failure in the absence of such factors as rust as a result of improper care or poor maintenance, the manufacturer may be held liable for the accident. In that case, the manufacturer may not only be forced to compensate each victim as well as the surviving family members.
If the accident is deemed to have been as a result of boulders, trees, and other debris, or if the road is in a state of disrepair, the state or city agency responsible for road maintenance may be held liable.
Most trailer detachment accidents result in severe injuries if not death. Some of the most common results in such an accident include:
Trailer detachment victims may be eligible for compensation for damages including current and future medical bills, rehabilitation costs, lost wages, the inability to earn in the future, pain, and suffering, and in some cases, punitive damages. In the event of death, Texas law allows the surviving family members to file a wrongful death lawsuit.
Trailer detachment accidents are among the deadliest on Texas roads. If you or someone has been injured or even died as a result of such, the Texas personal injury attorneys at Thompson Law have the necessary experience, knowledge, and dedication to fight for the recovery you deserve. Our robust team of investigators will determine the circumstances in which the accident occurred, and our litigation team will pursue the best outcome for you and your loved ones. We perform free case evaluations and work on a contingency fee basis, which means that you won’t pay a thing unless we win your case.
Contact our Texas truck accident lawyers today at 844-308-8180.
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.
