Swaying trailer causes accident..

**TexasBronco** · 04/15/07, 07:32 PM

I have a 16 foot, twin axled, untility trailer I use to tow my Bronco around. Last summer my friends borrowed it and complained of the wheels wobbling so they repacked the bearings. Problem solved. Anyways a few months ago I put new tires on the trailer and at speed(70mph or so) the whole trailer would start to sway, almost uncontrolably. I rechecked the bearings, made sure everything was tight, went to the tire shop and they everything was ok. Then next time I towed the problem was gone. Well anyways I let my friend again borrow the trailer to go pick up a car in a town about 50 miles away. Later I get a call later saying he had wrecked the trailer and his truck. He said he was going down hill around 70mph the thing started to sway really bad and was all over the road. It got loose and he went into a ditch and the shock made the trailer break free on the truck and roll over onto the car he was carrying, and that sent his truck into endos for about 100 feet. He is fine, but his truck and car he was carrying are both totalled and from what I hear the trailer is in bad shape as well. I feel bad for him but feel he should pay for the damages done to my trailer...but he feels since it was my trailer was 'unsafe' and caused the accident I should cover his damages. He felt fine enough with borrowing the trailer in the first place, and thus he should cover the trailer...what is your take on all this?

P.S. I will post some pics of his truck/car/and trailer once I go take some tomorrow or Tuesday.

Carl · 04/15/07, 07:39 PM

Man that sucks. If I were you I wouldn't have used it or let anyone else borrow it if you thought it might be unsafe. However, I think he should pay for the damages because he knew there could be problems with that trailer since he borrowed it before. 70mph downhill sounds a little excessive and unsafe with ANY trailer. Sounds to me like he was an irresponsible driver.

I don't know if this was the case, but loading too much weight behind the axle can cause a trailer to sway. Good Luck. My guess is that this situation is going to test your friendship. I hope everything turns out ok.

**73stallion** · 04/15/07, 07:50 PM

i have to agree, 70 mph is too fast with a trailer. out here in cali, we have a 55 mph speed limit for 18 wheelers and anything towing a trailer. nobody really pays attention to the speed limit, but have seen many trailer accidents. i'd be willing to bet excessive speed was the cause.

BYUBRONC · 04/15/07, 07:56 PM

His insurance should cover his vehicle, anything it was towing, and whatever was on it. He was speeding pulling someone elses trailer, sounds like he was being irresponsible with your stuff. Don't know if I would want a friend like that. He should pay.

scsm76 · 04/15/07, 08:34 PM

It sounds like the swaying is due to unbalanced loads, this would explain why it happens some trips and not others. His insurance won't cover damages to your trailer. If you had insurance on the trailer it would be covered. I would also agree that going down hill with a loaded trailer is too fast.
I once borrowed a trailer from a friend and when I went through an intersection the transition in the road broke the tongue of the trailer completely off and the safety chain broke soon after. The trailer went through a fence, a phone pole and then finally stopped in a grape vine. Fortunately there were no other cars or people in the line of the trailer. My insurance covered the damages to the fence and power pole but not the trailer. Although I didn't feel responsible for the trailer braking I rebuilt the trailer to better than preaccident condition, because I felt that was the right thing to do.
I hope it all works out for you.

**PAPITT** · 04/15/07, 09:21 PM

I think it his problem .......you weren't there so it should not be on you ....most people haven't pulled enough stuff to know when their correct or not ...Since I'M also a farmer I drag alot of different items ...load placement is very much an issue on 16 ft trailors ....
To give some insight here before Running buddy and I took off on our hunting trip this year I had bought a different 3/4 ton diesiel tr ...But we hooked up to our trailor loaded the Bronco and our tool boxs and stuff... the week end before we left ...We dorve at 55 ....65....70... testing the ''brakes'' on downhills..... moved the bronco forward and back even measured the hitch to see if it was changing our load ......We had no trouble but we felt like we had done our home work before we left........It's our responsibility to get there safe and sound ........

**Broncoman** · 04/15/07, 09:44 PM

Its his problem. Not a question.

Out of curiosity: What was on the trailer? What was doing the pulling? Are there brakes on the trailer?

Simpson · 04/15/07, 09:44 PM

I have seen this "sway" first hand. We were at a race near a small campground once when I saw a blazer with a small pup camper behind come down a hill nearby. Tward the bottem of the hill they started swaying and then were out of control doing 360's down the road. They went in and out of the ditch about four times with the guys wife and kids in the following vehicle. He got it stopped and all was ok but his wife was a wreck, she refused to drive any further.
Its all about tongue weight. If the weight of the towing vehicle is not greater than (including tongue weight) the trailer and load you are asking for trouble. Not all trailers will do it and many people get away with it all their lives (I'm sure they are shaking their heads right now) but when the trailer starts pushing the tow vehicle it takes control and there is very little you can do to stop it.
As for the insurance....good luck I seen it go both ways. When it comes to borrowed equipment that gets wrecked usually everyone looses.

**TexasBronco** · 04/15/07, 09:45 PM

He has borrowed my trailer before, and I have seen him pull larger heavier loads with no problem. I think it may have just been a tad to much speed and improper loading on his part... luckly trailers aren't to hard to fix as long as the mainly frame of it isn't too torqued. I will find out tomorrow...

**bax** · 04/15/07, 10:02 PM

His fault, no question. Did you have breaks on the trailer? if so was his truck set up for trailer breaks? In a sway situation jamming on just the trailer breaks will save your butt.

rednck21 · 04/15/07, 10:09 PM

ill have to agree with the others on the improperly positioned load...or it could be because the tongue of the trailer was too high or low

either way the driver of the vehicle is 100% responsible for what hes hauling...PERIOD.

Sasquatch · 04/15/07, 10:16 PM

His prob for sure. Sounds like a great "friend" to think its your fault. Definetly a loading issue though. You should have brakes on the trailer and a controller in the truck. If it begins to sway, energize the controller and dont touch the brake pedal and the sway stops. Hitting the pedal wont stop it usually if its extreme sway, just causes you to lose control. Then stop and reposition the load. If properly loaded, you can tow at 90mph without issues if your crazy enough to do so. I regularly tow boats, 4x4s, bobcats and tractors and never have probs because I take the extra time to make sure roughly 10% of the towed weight is the tongue weight. 5000lb load = 500lbs on the hitch. SB

**70 sport WA** · 04/15/07, 10:50 PM

If it were me, I'd figure that since I loaned it out then I take the risk. Would his insurance cover it? Probably, but will he claim it is another question. Others are saying it's "his problem" but you won't collect if he doesn't claim it or pay you damages. Or you take him to court. That's why I say you take the risk when loaning out equipment.

**deltarat** · 04/15/07, 11:05 PM

Quote:

Originally Posted by Sasquatch

His prob for sure. Sounds like a great "friend" to think its your fault. Definetly a loading issue though. You should have brakes on the trailer and a controller in the truck. If it begins to sway, energize the controller and dont touch the brake pedal and the sway stops. Hitting the pedal wont stop it usually if its extreme sway, just causes you to lose control. Then stop and reposition the load. If properly loaded, you can tow at 90mph without issues if your crazy enough to do so. I regularly tow boats, 4x4s, bobcats and tractors and never have probs because I take the extra time to make sure roughly 10% of the towed weight is the tongue weight. 5000lb load = 500lbs on the hitch. SB

All correct. I have pulled trailers from 2 wheels and 4 wheelers to 10,000# water trailers and I have a 32' camper and all pull at any speed that you can stop them"IF THEY ARE LOADED CORRECTLY". You have to have the right tongue weight. That is why it pulled good some time and sometime not. Even a 2 wheel trailer with a 4 wheeler on it will switch like a cats tail if it is loaded too far to the back. His fault for not loading it right.

**ken75ranger** · 04/16/07, 06:49 AM

Yup his fault. Get his insurance info and call them yourself if you have to. nice friend you have there.