Hitch Failure Truck Accident Lawyer in Charlotte

Every day, truck accidents occur in North Carolina and throughout the United States. One of the common causes of truck accidents is truck hitch failure. A truck's hitch is located on the back of the truck cap, and it pulls the truck’s trailer. When the hitch has not been properly secured, the trailer can disconnect from the truck and potentially lead to a serious accident.

If you or your loved one have been injured in a truck accident involving a faulty hitch, you need a skilled lawyer on your side. These types of accidents are typically preventable and caused by another person's negligence. As an injury victim, you have the right to pursue compensation from the party or parties whose negligence caused the accident. Today, we encourage you to contact the experienced truck hitch failure lawyers at Arnold & Smith, PLLC, to schedule your free initial consultation.

There are several different ways truck hitches can fail, causing a devastating accident, including the following:

• Failure to properly secure the truck hitch due to carelessness, lack of training, or lack of experience
• Faulty latches
• Cracked or rusted latches
• The truck driver using dangerous maneuvers that caused the truck to jackknife
• Failure to replace or repair truck hitches regularly
• Overloading the trailer with too much weight
• Defective trailer coupler or tongue
• Failure to use safety chains
• The mechanism that locks the hitch is loose
• Failure to use the correctly sized safety chains
• Hazardous weather conditions
• Brake malfunction

Under North Carolina law, victims of personal injury accidents have a right to bring a lawsuit against the negligent person who caused the accident. There are four key elements in a personal injury lawsuit. The plaintiff who brings a lawsuit needs to present evidence to the court to prove these elements. First, the plaintiff must prove that the defendant owed him or her a duty of care. On the road, everyone owes everyone else a duty to drive reasonably under the circumstances. Whether you are a pedestrian, bicyclist, or another driver, other drivers on the road owe you a duty to drive reasonably under the circumstances.

The plaintiff must prove that the defendant breached the duty of care through negligence or recklessness. Most truck accident cases involve negligence. Negligence occurs when a driver fails to act reasonably under the circumstances. Failure to check the latches on the hitch and discover that they need to be replaced is an example of negligent behavior. A reasonable person would periodically check the hitches.

After the plaintiff has proven the elements of duty and breach, he or she must prove causation. The plaintiff must prove that the defendant's negligence was the cause of the accident. Suppose there is an accident involving a drunk driver. The drunk driver collides with a truck driver whose hitch is about to fail but has not failed yet.

Even though the truck driver acted negligently, the failed hitch didn't cause the accident. Instead, the drunk driver’s negligence caused him to swerve and hit the truck. In this case, the drunk driver would be liable to the victim for damages. Finally, the victim must prove that the truck accident caused him or her a bodily injury. In truck hitch failure cases, one or more of the following parties may be liable to the victim:

• The truck driver who failed to secure the hitch or operate the truck properly safely
• Mechanics in repair shops working on the truck
• Commercial trucking companies
• Manufacturers of the hitch
• Road maintenance crews
• Cargo loaders

In North Carolina, successful plaintiffs in personal injury lawsuits are eligible for economic and non-economic damages. Economic damages include quantifiable damages caused by the truck accident, such as medical bills, lost wages, rehabilitative therapy, and property damage. Noneconomic damages include compensation for pain and suffering, scarring and disfigurement, and emotional distress.

In North Carolina, victims of truck hitch failure accidents only have a limited amount of time to bring a lawsuit and recover compensation. The sooner you discuss your case with a skilled personal injury lawyer, the better. At Arnold & Smith, PLLC, we have a proven track record of successfully obtaining compensation for clients throughout the greater Charlotte area. Contact us today at 704-370-2828 to schedule your free initial consultation.