Commercial tractor-trailers use a trailer hitch to couple the trailer to the truck cab. When an 18-wheeler’s hitch fails, the cause is typically poor maintenance, mechanical failure, or operator error. A trucking company or cargo loading company may be held financially liable if a hitch failure causes an accident resulting in serious injuries.
If you were injured in a commercial trailer hitch failure accident, contact the St. Louis truck accident lawyers at Craig, Kelley & Faultless, LLC today for a free case review. We can help you understand your legal options. Our attorneys have extensive experience investigating commercial truck accidents and holding trucking companies financially accountable for the harm caused by semi-truck accidents. Our legal team includes two attorneys David Craig and Scott Faultless who are among a select group of lawyers who are certified by the National Board of Trial Advocacy in Truck Accident Law.
If someone else’s negligence caused your injuries, you may be entitled to seek significant compensation. Our Missouri truck crash attorneys have the skills and experience to help you seek full compensation to move forward with your life after a serious accident. Contact us online today!
What Does a Truck’s Hitch Do?
A truck’s trailer hitch is located at the rear of the cab and links to the trailer using a locking mechanism. You might be familiar with regular ball-style trailer hitches that allow passenger vehicles to pull smaller trailers. Large commercial trucks utilize a more sophisticated hitch to prevent trailers from unexpectedly decoupling.
Large truck hitches are called fifth-wheel couplings. Fifth-wheel couplings are made up of a kingpin that extends from the front of the truck’s trailer and a horseshoe-shaped mechanism that protrudes from the back of the truck. When the truck makes turns, the bottom of the trailer rotates atop the fifth-wheel coupling, which remains fixed. Fifth-wheel couplings are often coated with grease to minimize friction between the coupling and the bottom of the semi-trailer.
The truck driver should always inspect the coupling before attaching a trailer to ensure it is not defective or damaged. As long as the ground is flat, level, and free of hazards, the truck driver simply has to ensure the kingpin is in alignment with the coupling and slowly back up into the kingpin until it is engaged.
Once the tractor and trailer are connected, the truck driver should do a visual inspection to be sure the trailer pin has coupled correctly. It is recommended that truck drivers do a short pull test in a low gear to verify that the wheel jaws are locked firmly around the kingpin and the tractor and trailer do not separate. Unfortunately, some truck drivers fail to inspect their trailer hitches before driving. If a hitch uncouples and the trailer breaks loose, it can cause a catastrophic accident.
Why Do Hitches Break or Become Disconnected?
There are many reasons why a hitch might become disconnected.
Trailer hitches are designed to bear significant weight, but if the kingpin is bent or the bolster plate is damaged it can lead to a hitch failure.
High hooking is a mistake that inexperienced truck drivers may make when distracted or in a hurry. It occurs when the kingpin on the trailer is higher than the fifth wheel. If the trailer is too high when the coupling is attempted, the kingpin may not engage properly in the fifth wheel. Instead, it may slide across the top of the fifth wheel and come to rest in front of it without engaging. The fifth wheel must pick up the trailer for proper coupling.
Using a lube plate on the upper coupler or fifth wheel that changes the height of the kingpin can keep the fifth wheel from engaging properly.
If the release handle on the fifth wheel is bent or damaged, it may not open the fifth wheel lock properly and prevent a secure coupling. If the release handle is bent or worn, it should be replaced.
Truck drivers must regularly check the hitch for cracks or other signs of wear and tear. Failing to properly maintain a trailer hitch is one of the most common causes of truck hitch failure accidents.
Inexperienced truck drivers who perform inadequate inspections to be sure the hitch is engaged and secure may contribute to serious accidents involving a decoupled trailer.
Other common causes of trailer hitch failure include:
- Steep downhill declines
- Brake defects
- Rusted components on the device
- Hazardous roadways
- Neglecting to utilize safety chains
- Speeding
The vast majority of trailer hitch failures occur because of someone’s negligence. Below, we will examine some of the potentially liable parties involved in truck trailer hitch accidents.
Who Is At Fault After a Trailer Hitch Fails and Causes an Accident?
When a hitch failure contributes to a serious truck accident, our attorneys at Craig, Kelley & Faultless will conduct a comprehensive, independent investigation and mechanical inspection of the tractor-trailer to determine the cause.
While you might assume that the truck driver is solely responsible for a hitch failure, other parties may have been negligent in a manner that contributed to the accident.
Some of the most common liable parties in a trailer hitch failure accident include:
- Vehicle Operator – A truck driver may be responsible for a trailer hitch accident. The truck driver has a responsibility to inspect the hitch before connecting the trailer and ensure that it is in good working order. Truck drivers also must ensure that the tractor and trailer are correctly connected and that the fifth wheel locking mechanism is secure. If a driver is in a hurry or gets complacent and fails to be sure the hitch is secure, the driver may be held responsible for an accident caused by a hitch failure.
- Trucking Company — If the trucking company failed to regularly inspect the trailer hitch and other truck parts, it could also be held liable if a trailer hitch accident occurs.
- Hitch Manufacturer – Sometimes, trailer hitches fail because of a manufacturing or design flaw. The hitch manufacturer may be held liable if an investigation determines that a trailer hitch failed because of a design defect or manufacturing defect.
- Cargo Loaders – Trailer hitches are designed to tow a certain amount of weight. If cargo loaders disregard the trailer’s towing capacity and overload it, the hitch may fail. As part of an investigation, an attorney can seek to determine if cargo loaders were negligent by failing to heed the trailer’s weight capacity.
- Government Agencies – If a government agency’s failure to maintain a road in safe driving condition contributes to a truck accident, the agency may be liable. For instance, if a semi hits a pothole that has not been filled, it could cause the hitch to break apart from the trailer. Holding government entities liable for damages is more complicated than pursuing a personal injury claim. You should consult with a knowledgeable truck accident attorney if you believe that the government’s negligence was to blame.
A seasoned St. Louis truck accident lawyer can identify the at-fault party or parties and identify all possible sources of compensation. Determining who was responsible is just the first step. To bring a successful truck accident claim or lawsuit, you will need to have evidence to prove fault and show how the at-fault party’s negligence caused your injuries and losses.
How To Prove Fault for the Runaway Truck or Trailer?
To prove fault in a hitch failure truck accident in St. Louis, you must establish that the truck driver or trucking company was responsible for taking reasonable safety precautions. You will need to show that the at-fault party failed to fulfill their legal responsibility and their negligence contributed to your injuries.
For example, if the truck driver neglected to inspect the hitch before connecting the trailer, and the hitch uncoupled, that would be considered negligent. Likewise, if cargo loaders added too much cargo to the trailer, causing it to disconnect from the cab in transit, they may be held liable for the accident.
You must show how the liable party’s negligence directly led to the accident and your injuries.
You also will need to prove that you suffered actual losses due to the accident. Losses can be financial or non-financial. Common examples of financial losses include medical costs, lost income from the time you missed at work, reduced future income if you’ve become disabled, and other expenses related to your injuries. Non-financial damages include physical and emotional pain and suffering caused by the trailer hitch crash.
Contact a St. Louis Truck Accident Attorney for Trailer Hitch Accidents
Have you been injured in a trailer hitch truck accident? The St. Louis hitch failure attorneys at Craig, Kelley & Faultless, LLC have the experience and resources to help you hold the at-fault party accountable for the harm you’ve suffered. Contact a personal injury attorney in St. Louis today for a free, no-risk consultation.
