According to the Federal Motor Carrier Safety Administration, approximately five percent of truck accidents are jackknife accidents. In a jackknife accident, a heavy and fast-moving truck travels out of control toward the victims. Jackknife truck accidents can cause devastating, catastrophic injuries.
If you have suffered catastrophic injury from a jackknife truck collision, you deserve serious compensation. Contact Bobby Jones Law to discuss your case.
What Is a Jackknife Truck Accident?
A jackknife truck accident is a collision resulting from the loss of control of a truck. The accident is characterized by the truck’s cab turning or folding away from its usual forward-facing position in relation to the trailer.
Jackknife truck accidents get their name from this folding or bending. In normal use, the cab of a truck usually travels straight ahead of the trailer. The cab may turn slightly, intentionally pulling the trailer in the direction the driver wants to go. However, when a truck jackknifes, it is a loss of control accompanied by the sharp bend of the cab from the trailer. The truck skids, creating danger. Jackknife collisions often result in serious injury.
Why are jackknife truck accidents so dangerous?
When a truck jackknifes, the driver loses control. A large and heavy vehicle skids on the road, typically leaving its lane of travel. The risk of a high-speed collision with other vehicles is high. In addition, the truck, including the cab, may roll. Both the truck driver and others on the road are at risk of catastrophic injury.
How do trucks jackknife?
A truck jackknifes when the trailer of the truck pushes up into the cab. The trailer pushes the cab in a different direction, making the driver lose control of the vehicle. There are several reasons that this can happen, including:
- Brake problems, improper application of brakes
- Tires becoming loose, tire blowouts
- Poor traction, roads affected by weather conditions
- Speeding, trying to maneuver at high speeds
- Curved roads, lack of driving skill for the terrain
- Trailer sway, improperly balanced load
- Poor handling of an empty trailer
- Mechanical failures
Improper vehicle inspection and maintenance can be an underlying factor. The trucking company may have been negligent in hiring, training, or monitoring drivers.
Common Types of Catastrophic Injuries in Jackknife Accidents
- Traumatic brain injury, concussion
- Loss of consciousness
- Whiplash
- Soft tissue damage, torn ligaments, and connective tissue
- Broken bones
- Skull and facial fractures
- Teeth fracture, dental injury
- Joint dislocations
- Spinal cord injury, paralysis
- Chronic pain
- Mental health injuries
- Wrongful death
Jackknife accidents often occur at high speeds and are rarely head-on accidents. The body may absorb force beyond what it can withstand, often resulting in musculoskeletal injury and soft tissue damage. In addition, a person may experience mental health injury, disfigurement, and scars. When injuries significantly change a person’s life, they are catastrophic.
Can you receive compensation for jackknife truck accident injuries?
To receive compensation for jackknife truck accident injuries, you must prove the following:
- An accident occurred.
- The accident is someone else’s fault. This is a legal standard called negligence.
- You suffer injuries.
- Injuries and damages were caused due to the accident.
You must identify the amount of compensation based on physical injuries, financial losses, and emotional suffering.
Often, a jackknife accident is the result of negligence by the truck driver or the trucking company. That means victims in passenger vehicles and pedestrians may seek monetary compensation. Trucking companies are required to maintain large insurance policies to cover liability for their activities.
Determining Fault in Jackknife Truck Accidents
Determining fault for a jackknife truck accident can take some investigation. You may already know that the truck jackknifed. Even if you didn’t see the truck in the seconds before the accident, other witnesses, the law enforcement investigation, and statements of the truck driver can reveal it. But why did the truck jackknife? That’s what you must prove.
You may depose witnesses, including the truck driver and others who saw the accident. Those with knowledge of trucking company operations may provide valuable information. Records from the trucking company may reveal the load being hauled, driver training, discipline and drug testing activity, maintenance, and inspections. You may conduct accident reconstruction and ask the court to allow an inspection of the truck. It’s important to explore many possibilities and underlying factors because negligence may not be immediately known.
The Legal Process for Filing a Claim After a Jackknife Accident
The legal process to receive compensation after a jackknife accident begins with filing a claim.
Sometimes, you can negotiate directly with the insurance company. However, insurance companies can offer too little of a settlement amount, and you must file a legal claim. Even cases that are formally filed often result in a settlement.
A claim starts by summarizing the facts of the case and stating the legal cause of action, which is usually negligence. You may assert multiple causes of action.
You’ll continue investigating while the case is pending. This includes using formal discovery requests, which narrows the issues in dispute. You may continue settlement negotiations, either through the attorneys or in formal mediation. You also have the right to present your case at trial.
Preventative Measures To Reduce the Risk of Jackknife Accidents
Reducing the risk of jackknife accidents begins before the truck driver enters their cab to start the trip. A truck must be properly maintained. The route should be considered, including the terrain and anticipated weather conditions. A truck driver must leave sufficient following distance and should never drive fatigued or distracted.
Contact an Experienced Truck Accident Lawyer
Robert “Bobby” Jones is a lawyer who is ready to litigate. He is experienced in truck accident claims and represents clients with catastrophic injuries. If you or a loved one has catastrophic injuries from a jackknife truck accident, we invite you to contact Bobby Jones Law.
