As you’re driving down the road, you notice that the vehicle in front of you has a trailer attached to the back. You don’t think much of it, since it’s a common sight. Many people use personal-use trailers when moving or taking a boat to a lake. What you didn’t realize is that a lot of trailers are hitched incorrectly…potentially even the one in front of you.
Many boat trailer or personal use cargo accidents happen because people with no training or experience are the ones hitching their boats or trailers to their vehicles. Accidents caused by a trailer hitch failure or faulty equipment are more common than many realize and they can have devastating consequences.
According to the Georgia Department of Transportation’s crash data portal, between 2020 and 2024 there were 10,667 crashes in Georgia that involved vehicles with trailers, resulting in 3,253 injuries, 35 of which were fatal.
While the car owner’s actions may have caused the accident, other parties could also be responsible. If you’ve been involved in a car hitch accident, knowing who may be legally responsible is critical. Here’s what you need to know and how Montlick can help.
What Are Hitch Accidents?
A trailer hitch accident involves a crash where the presence of a trailer – or its hitching system – contributes to injury or vehicle damage. The most common hitch type, a receiver hitch, connects to the back of a vehicle’s frame and has a ball mount for trailers. In a rear-end collision, the trailer hitch becomes the primary contact point instead of the vehicle’s frame, which causes the impact force to be absorbed by the occupants, not the frame. This puts the occupants at an increased risk of injury.
The Severity of Hitch Accidents
Trailer hitches change how energy is absorbed in a crash. Being in an accident with a vehicle with a trailer hitch could increase your risk of severe injury. In a car without a tow hitch receiver, the force of a rear-end crash is absorbed by the back bumper and the vehicle’s undercarriage. Because the force is spread out over a wide surface area, with a “crumpling effect” across the bumper, it dissipates significantly as it moves toward the vehicle’s occupants, meaning they absorb less of the impact energy.
With a tow hitch installed, the impact and crash pulse is concentrated at a small point and the force transfers through the vehicle’s frame. As a result, rear-ended trailer hitch frame damage is reduced; however, the energy released from the collision is transmitted through the frame to the occupants, which can lead to more severe trauma for those inside the vehicle and in some cases, may even be fatal.
What is a Crash Pulse?
By definition, the crash pulse is the way a car slows down during a collision. It describes how fast and how hard a vehicle stops when it hits something. Engineers study crash pulse to analyze crash dynamics, aiding in the development of advanced safety features and reducing the force impact on drivers and passengers.
In a trailer hitch accident, there is a “stiff crash impulse,” which is what can lead to severe injuries including whiplash, spinal injuries and possibly ejection from the vehicle.
Hitch Accident Causes
Oftentimes, trailer hitch accidents are the result of improperly installed trailers or inexperienced drivers who are unfamiliar with towing a boat or personal-use cargo trailer. However, a trailer hitch accident can also be caused by an experienced driver. Causes of hitch-related accidents include:
- Excessive speed
- Lack of regular maintenance
- Failure to use safety chains
- Overweight cargo
- Faulty brakes
- Defective trailer coupler
- Rusted components in the trailer hitch
- Road conditions, such as potholes
- Driver error
- Unexpected turns
- Steep declines
Determining Fault in a Hitch Accident
NHTSA reports that 87% of tailgating collisions are caused by distracted drivers, which often makes the driver in the rear responsible for the crash. However, there are situations where the driver of the car that was hit could be at fault, including the following:
- Backing into another vehicle
- Abrupt and unexpected stopping in traffic
- Towing a trailer without functioning brake lights
A thorough review of the facts, including whether multiple parties were involved, is essential. To determine fault, Montlick will conduct an extensive investigation, developing sound legal arguments based on the circumstances surrounding the trailer’s condition. We will then guide you through the legal process, ensuring you understand each step and are prepared for what’s to come.
The Trailer Driver
In some trailer hitch rear-end collisions, the driver with the trailer hitch may be legally responsible, if they failed to attach the trailer properly, neglected safety protocols, or overloaded the vehicle. Proper hitching requires attention to detail, correct use of equipment, and a basic understanding of towing mechanics. Proving liability means showing they did not exercise due care when securing the trailer. If a trailer detachment happens because the driver skipped steps or ignored warning signs, they may be considered negligent.
The Hitch Manufacturer
Not all trailer accidents are due to driver error. Mechanical issues in the connection parts can also lead to trailer related accidents. Investigations into hitch and trailer-related accidents have shown that metal fatigue, low-quality materials, or faulty locking mechanisms can cause the trailer to unexpectedly detach. In these situations, the blame may shift from the driver to the manufacturer. Even when installed correctly, a poorly built or improperly designed hitch can fail. In such cases, the manufacturer or seller may be held legally responsible under product liability laws.
Loaders or the Equipment Owner
In trailer accidents, if the trailer was overloaded or the cargo was poorly balanced, the company or individual responsible for loading may share the blame. Excess weight can impair the trailer’s handling and put stress on the system, increasing the risk of trailer hitch damage and failure. The trailer may have also been incorrectly maintained by a third party, such as a mechanic, resulting in rusted parts, worn brakes, or missing safety chains that can break away, even when properly towed. When this occurs, the person responsible for maintaining the trailer could be held liable for any injuries that result.
What to Do After a Trailer Hitch Accident
If you were injured in a crash that involved a vehicle with a trailer hitch, here’s what to do:
- Ensure everyone’s safety and call 911. Check that all passengers in the vehicle are okay. Then, look around for other cars or pedestrians that might have been involved. Once you’ve moved to a safe distance from the accident, call emergency responders; in most states, you’re required to notify the police after any vehicle collision.
- Exchange information. Then, share contact details with the other involved parties, including full names, addresses, insurance companies, phone numbers, email addresses, and vehicle information. Try to get a photo of the other driver’s auto insurance card.
- Thoroughly document the scene. Take multiple photos of your injuries, all involved vehicles, the condition of the hitch, the surrounding area, and other relevant details. We suggest recording details on your phone about the scene, including each vehicle’s year, make, model, and color, unique features, the exact location of the crash (such as street names and the lane where it occurred), and how the accident happened. If it is safe to do so, capture images of skid marks, debris, car parts on the ground, nearby buildings, traffic control devices, and pavement markings.
- Seek medical attention. After documenting the scene, consult a healthcare professional. Even if you feel fine, some injuries might not show symptoms immediately. Your health is our top priority, and seeing a doctor can help protect your well-being and support your legal case. Medical records are crucial for verifying your claim. Since many trailer hitch accidents result in soft-tissue injuries, it is essential to be evaluated by a doctor so your condition can be appropriately documented.
What Can Montlick Do For You?
Building a strong trailer hitch rear-end collision case can be complex. Identifying the party legally responsible for the damage requires the expertise of a dedicated, highly skilled personal injury attorney. That’s where Montlick comes in. Our team will begin by reviewing your case during a 100% free consultation to see if we can assist. If we can, we’ll start building a case based on:
- A design or manufacturing defect, leading to a liability claim against the manufacturer or designer.
- The driver’s lack of knowledge or negligent inspections when hooking up the trailer (i.e., checking for corrosion and broken or worn components).
- A load surpassing the equipment’s safety limits.
- Other forms of negligence related to driver behavior, roadway conditions, and more.
Car Accident Put a Hitch in Your Plans? Call Montlick Law.
In the days and weeks after your accident caused by a trailer hitch failure, you’ll find yourself asking a lot of questions. How did this happen? Could it have been avoided? Most of all, why you? Don’t search for these answers on your own: seek support from a skilled personal injury attorney. Seek out Montlick and Don’t Go it Alone. In the claims process, insurance companies often don’t look beyond property damage. Minimal damage often means minimal compensation offered by the insurance company. However, our experience with trailer hitch accidents shows that these rear-end crashes can lead to significant injuries, even at low speeds and even when it might appear on the surface that there is little property damage
So, after an accident involving contact with a trailer hitch, faulty hitch or trailer, give our team of highly dedicated lawyers a call. They will oversee communications with the insurance company, advocating for full compensation each step of the way. Compensation may include:
- Current and past medical expenses
- Lost wages and reduced earning capacity
- Damaged vehicle repair or replacement costs
- Pain and suffering
- Emotional distress
Montlick personal injury attorneys have secured billions of dollars in settlements for our clients. We are dedicated to helping accident victims get the justice they deserve, and will work relentlessly to pursue maximum compensation for your injuries. Let us handle the legal aspects of your case while you concentrate on your recovery. Contact us today.
FAQs
Why Do Runaway Trailer Accidents Happen?
Runaway trailer accidents often happen because drivers improperly hitch trailers. This type of accident is more common than most people think, mainly due to a lack of trailer hitch training. Mistakes such as attaching the hitch incorrectly, failing to use safety chains, overloading the trailer, or using damaged equipment can all cause a trailer to break free on the road.
What Injuries Are Commonly Linked to Trailer Hitch Rear-End Collisions?
Injuries in trailer hitch damage cases can be serious and include traumatic brain injuries, spinal cord damage, broken limbs, severe lacerations, and internal bleeding. Being hit by a trailer can have a substantial effect, possibly crushing passengers or causing a rollover. Detached components, including trailer hitches, can even cause death. Some victims require long-term medical care or are left with permanent disabilities.
If this happens to you, you may be able to file a lawsuit and recover compensation for medical bills, lost wages, pain and suffering, or other damages. Trailer accident claims are usually covered by personal injury or product liability laws, depending on the circumstances. Keep in mind, a successful trailer hitch failure lawsuit requires proving exactly how the trailer detached and whether negligence or a product defect was involved.
Are Trailer Detachments Extremely Dangerous?
Yes, trailer detachment accidents are extremely dangerous. When a trailer separates from its towing vehicle, it can crash into other cars, pedestrians, or even roll over and block the road. The size and weight of trailers, especially those carrying boats, equipment, or vehicles, often lead to injuries that are severe or even fatal.
Who May Be Held Responsible in a Trailer Hitch Accident?
The person towing the trailer may initially be presumed to be at-fault, especially if they failed to secure the trailer, to maintain it properly, or were careless in any way, including in how they operated their vehicle while towing cargo on a trailer. However, that might not always be the case. It is possible that the cause of a hitch failure or trailer detachment is due to a failure on behalf of the hitch manufacturer – these cases are known as product liability cases. In these cases, attorneys often look to determine if the cause of detachment was due to a defect in the design or manufacturing of the hitch. Even when the hitch appears to be installed correctly, a hidden flaw in the metal or poor design could cause it to fail under normal driving conditions.
