Obviously, the trailer was defective, but as you are properly said, somehow it is automatically U-hauls responsibility for her stupidity. This is straight from the article:
As they left Tucson, the trailer began to rock Sternberg's Land Cruiser — "like a boat," Hollander recalled.
Sternberg tapped the SUV's brakes and the rocking stopped. This continued intermittently as they left Arizona and entered southern New Mexico.
Late that afternoon, they stopped for gas near Socorro, N.M., and Hollander took the wheel. Soon after, the Toyota reached the crest of a hill on northbound Interstate 25 in the Sevilleta National Wildlife Refuge. Below, the Rio Grande meandered through a lush valley rimmed with rugged mountains.
Hollander said she was going 45 to 50 mph and gained speed as she went downhill, reaching 60 mph. The trailer started to swerve. Hollander said she tapped the brakes but could not slow the vehicles. The swaying became violent.
"There was no way you could control it," she recalled. "It was sheer terror."
The Land Cruiser flipped, ending up on its side in the passing lane of the interstate. The trailer landed upside-down on the median.
This is a classic case of an improperly loaded trailer. Yes, the brakes may not be working on the trailer, but the cause of the accident was failure to put enough weight on the tongue of the trailer. Worse yet, the driver had plenty of warning, but failed to heed those signs. At the end of the day it was the drivers fault and she has paid a horrible price.
This is much different than KleirsLC's accident where the trailer failed in a sudden and extreme manner, solely as a result of Uhaul's horrid maintenance and safety inspections.