Jackknife accidents are some of the deadliest on the road. These accidents involve tractor trailers, which have a cab in front and a trailer attached behind. Ideally, the trailer lines up perfectly behind the cab, unless the cab is making a controlled turn. With a jackknife, the trailer moves in an uncommanded fashion and swings to the side or pushes the cab. This motion forms a shape resembling a Swiss Army knife, hence the name: jackknife. Any motorist on the road might be crushed or struck by the trailer or cab as they depart their lane.
Victims should call an Atlanta truck accident lawyer for help pulling together an injury claim. One of the most critical factors is liability for the crash, which will determine whether you can receive compensation. Contact Stewart Miller Simmons Trail Attorneys to schedule a free consultation.
Causes of Jackknife Accidents
Jackknife accidents are so dangerous because the tractor-trailer suddenly goes out of control, and there is no way for the trucker to avoid a possible collision. Here are some of the primary causes of jackknife accidents.
Sudden Braking
A trucker might stomp on the brakes, usually because they are following another vehicle too closely when the car up ahead slows down. Unfortunately, this sudden braking can force the trailer to sway to the side, leading to a jackknife accident.
Inclement Weather
Road conditions can also contribute to a jackknife accident. A truck will lose traction on a road with ice or rain, which can prevent the truck from coming to a safe stop. Instead, as the trailer loses traction, it can move in an uncontrolled fashion and possibly strike other vehicles.
Speeding
The faster a vehicle is traveling, the more distance it needs to come to a full stop. We see many jackknife accidents when a trucker is speeding, sometimes after driving for too many hours. As the cab comes to a stop, the trailer does not decelerate at a similar rate, which means it can swing out to the side.
Unsecured Loads
Trailers can carry several tons of cargo, which might shift during the trip. Sometimes the workers who loaded the trailer failed to secure it properly. As the load shifts, the center of gravity shifts along with it, and a trailer can slide into oncoming traffic.
Mechanical Failure
Even where a truck driver is careful, some defect on the truck might lead to an accident. Trucks are complicated motor vehicles, and any problem with the brakes or steering could render the vehicle uncontrollable. Another mechanical failure is a tire blowout, which is a cause of many jackknife accidents.
The owner of the truck might have cut corners rather than properly service the vehicle. In other cases, the trucker did not thoroughly inspect the truck before pulling out for a trip, or the trucker noticed a defect but took a chance and drove the rig anyway.
Trucker Negligence
Behind many of these accidents are negligent truckers. These truckers are unable to operate the rig safely due to:
- Fatigue—Driving for too long can lead to mistakes, nodding off, or even risky behavior as the trucker races to their destination.
- Chemical impairment—A driver who has consumed drugs or alcohol can make dangerous choices behind the wheel or lack awareness of how fast they are travelling.
- Distraction—Many truckers are distracted by cell phones and other onboard electronic devices, so they might get dangerously close to other vehicles before stomping on the brakes.
There are many ways truckers fail to drive safely. Some might lack sufficient experience and not know how to reduce the risk of this accident.
Seeking Accountability for a Jackknife Accident
Accident victims naturally seek accountability and compensation when they are hurt in a jackknife accident. Call our firm. We can begin gathering evidence to determine fault.
Some parties responsible include:
- Negligent or dangerous truckers;
- The truck’s owner for failure to maintain it or for negligent hiring;
- A loading company which failed to secure the freight;
- A truck manufacturer if there was a defect in design or manufacture which caused the wreck.
Accident victims need time to recover from painful injuries: spinal cord damage, concussions and traumatic brain injuries are common. You should receive compensation whenever you are hurt.
Victims will need evidence to win their case. We recommend calling the police after the crash. The officer can identify witnesses and offer their perspective on who may be at fault. Without supporting evidence, a truck accident case will usually come down to your word against the trucker’s.
How to Obtain a Settlement after a Jackknife Accident
There are many steps to receiving a settlement, but let us highlight a few:
1. Determine liability. You can only demand compensation if someone was at fault for the wreck. That means gathering evidence to prove how it happened. Further, many defendants will try to pin some of the blame on you, to reduce their share of fault or slide out from under any responsibility.
2. Document injuries and pain. Our clients receive compensation for the cost of medical care, lost wages, and property damage. They are also eligible for damages for psychological injuries, including depression or posttraumatic stress disorder. Documenting these damages requires time and legal knowledge.
3. Negotiation. The trucking company is often the defendant in a jackknife case. They are rarely inclined to offer a generous settlement. Instead, they “low ball” accident victims and sometimes wait to be sued. You need a lawyer who can keep negotiations on track.
4. Filing a lawsuit. We can protect your legal rights by filing a personal injury suit before the statute of limitations expires. Doing so will strengthen your hand in settlement negotiations.
This is not a complete, step-by-step guide. However, it gives you some idea for what is involved in obtaining a settlement, which takes tremendous work.
Speak with a Truck Accident Lawyer
Our Atlanta truck accident lawyers can meet with anyone hurt in a jackknife or other collision. Call (404) 529-3476 to schedule a meeting with our team.