The term “jackknifing” in the context of a truck accident is used to describe apotentially deadly situation on the roadway involving a tractor-trailer that has lost control. Here, the trailer of the truck swings out to one side as the vehicle is slowing down and ends up creating a sharp angle with the cab — resembling a folding jackknife — before coming to rest.
Thousands of people are injured each year on U.S. roadways as a result of truck jackknife accidents. And because they involve a large vehicle, jackknife accidents have a greater potential to result in catastrophic injuries or even deaths.
What Causes Jackknife Accidents?
Here are some of the most common reasons why jackknife accidents occur:
Improper braking: Trucks can jackknife because its driver failed to apply the brakes correctly. Often, driver inexperience plays a large role in these types of crashes. Driving a large truck requires additional training, skill and control compared to passenger vehicles. Drivers of large trucks need to know how and when to apply the brakes. When the brakes are not applied properly and vehicle comes to a sudden stop, the trailer may fold toward the cab.
Excessive speed: Speeding is another risk factor that leads to jackknife accidents. Because trucks are large and heavy, they require more time and space to come to a stop. When a truck exceeds the speed limit, the driver is likely to lose control of the vehicle while attempting to brake or stop the vehicle. The trailer can continue to move even if the cab has stopped.
Mechanical problems: When the brakes or tires fail to work, it may result in a jackknife accident. Mechanical failure may occur when a truck component is defective or when it fails due to wear and tear or lack of proper maintenance.
Inclement weather: Weather conditions such as rain, fog, sleet and snow may also cause jackknife accidents. It is important for truck drivers to have experience and training that is needed to navigate such weather conditions. Truck drivers have a responsibility to practice safe driving in bad weather.
Imbalanced loads: When a truck’s load is not properly balanced, there is a heightened risk of a jackknife accident. An imbalance can result in the trailer swaying out while the truck is still in motion, causing the vehicle to lose control.
Who is Liable for a Truck Jackknife Accident?
A number of parties can be held liable for a jackknife accident including:
• The truck driver. In many truck accident cases, the driver is found to be the negligent or careless party and driver error often plays a role.
• Trucking company or truck driver’s employer. A trucking company may be held liable for the negligent (careless) hiring and retention of a driver. A victim may be able to sue the trucking company or a truck driver’s employer for failing to hire competent and experienced drivers. In some cases, employers pressure drivers into following unrealistic schedules. If this was a factor in the crash, then the truck driver’s employer or trucking company may be held liable.
• Other parties: There are also situations where a truck mechanic or company that loads the truck may be held liable for truck jackknife accidents.
An experienced New York truck accident lawyer can help review all the details and facts of the case to determine who should be held liable for the jackknife accident.
Contacting an Experienced Lawyer
Accidents caused by trucks tend to result in catastrophic or major injuries such as traumatic brain injury, spinal cord trauma, internal organ damage, multiple broken bones, amputations, etc. Such injuries usually require significant medical treatment and rehabilitation and leave victims with temporary or permanent disabilities that can prevent them from working and earning an income.
Victims who have been injured in truck accidents may be able to seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased accident victims may be able to file a wrongful death lawsuit seeking compensation for damages such as lost future income, funeral costs, medical expenses, pain and suffering, etc.
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in a motor vehicle accident caused by a negligent or careless driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 51 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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