Truck Trailer Disconnect Accidents
If a trailer disconnects from a truck, the resulting accident can be devastating. If you were injured or a loved one was killed in a truck-trailer disconnect accident, you need to reach out to a seasoned Wheaton or Schaumburg truck accident attorney without hesitation. At Therman Law Offices, we are committed to providing high-quality legal representation at every step of the way. We understand that dealing with an accident can be stressful, and you can expect the utmost compassion from us throughout the entire legal process.Causes and Consequences of Truck-Trailer Disconnect Accidents
Any issue that causes a trailer to become disconnected creates a risk of the truck jackknifing rolling over, or colliding head-on with other vehicles. Truck-trailer disconnect accidents can occur for a variety of reasons, including:
- Poorly secured cargo;
- Lack of vehicle maintenance;
- Overloaded or overweight trailers;
- Faulty or missing override or underride guards; or
- Poor maintenance or mechanical issues.
One or more of these conditions can lead to a trailer disconnect accident, even when the truck simply hits a small bump or pothole. Often, truck-trailer disconnect accidents involve multiple vehicles, and multiple victims may be injured as well. Given the size and weight of these vehicles, when a trailer in tow disconnects from the vehicle hauling it, this can cause catastrophic injuries or death.
Many truck-trailer disconnect accidents are due to negligence by the truck driver. Truck drivers are required to comply with state and federal regulations that are designed to minimize the possibility of accidents, including trailer disconnect accidents. Trailer disconnect accidents can be avoided by diligent maintenance and careful inspections before a truck leaves on a trip, as well as recurrent inspections during long trips.
When a truck driver’s recklessness or failure to comply with relevant laws is the cause of an accident, that truck driver can be liable under the legal theory of negligence. Negligence takes place when a party has breached the duty to act reasonably under the circumstances, causing another party’s injuries and resulting damages. The duty to act reasonably refers to the obligation to act as a prudent driver would act under the same or similar circumstances. For example, if a driver does not attach and secure a rig, trailer, or cargo properly, either because that driver is in a hurry or for another reason, that driver may be found negligent. Failing to adhere to regulations can result in liability on behalf of the trucking company as well. Our attorneys will thoroughly examine your case and identify any and all potentially liable parties.
In order to prove negligence, the victim’s lawyer must establish the following elements by a preponderance of the evidence: 1) the truck driver owed the victim a duty of care; 2) the truck driver breached the duty of care owed to the victim; and 3) the truck driver’s breach was a direct cause of the accident and the victim’s resulting harm. Each of these elements must be demonstrated in order for the plaintiff to win the case and recover compensation.
When a defective part or vehicle contributes to a truck crash, the manufacturer may be liable for the accident under a theory of product liability. Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of consumers. These lawsuits are generally rooted in one of three things: negligent design, negligent manufacture, or a breach of the duty to warn.Contact an Experienced Injury Lawyer in Wheaton or Schaumburg
If you or someone close to you was involved in a truck-trailer disconnect accident, you should consult an attorney who regularly handles these cases. At Therman Law Offices, we are committed to helping clients obtain the compensation that they deserve for their harm. We are here to answer your questions and address your concerns. We proudly serve injured people in cities such as Schaumburg, Wheaton, Arlington Heights, Hoffman Estates, Streamwood, Elgin, Bartlett, Hanover Park, Bensenville, Wood Dale, Bloomingdale, and Roselle. For more information, call us at 312-588-1900 or contact us online.