Who’s Liable For Your Damages in a Jackknife Truck Accident?
Commercial trucks like 18-wheelers are a common sight on Texas roads since the vehicles are a vital part of the state’s supply chain network. While commercial vehicles are necessary for getting goods from one place to another, they can also present risks.
Semis can be involved in accidents and the resulting damage can be catastrophic. Jackknife truck accidents in particular can be devastating. Determining liability in a jackknife truck accident can be complicated.
Surprisingly, the truck driver isn’t always at fault for the accident. If you’re injured in a jackknife truck accident, here’s what you should know about liability so you’re better prepared to file an injury claim.
What is a Jackknife Truck Accident
Jackknife truck accidents are frightening to watch so just imagine what it’s like to be involved in a collision. A jackknife truck accident occurs when the trailer swings out to one side from behind the cab. The resulting imagery resembles a partially folded jack or pocket knife.
This type of accident can be dangerous for the truck driver and any motorists in the way of the swinging trailer. The truck driver can lose control and the trailer can sweep up other vehicles. Sometimes, a vehicle can be pinned between the trailer and another object like the truck cab. Multiple vehicles are often involved in jackknife truck accidents increasing the severity of the collision.
If the trailer or another involved vehicle is carrying hazardous or flammable materials, explosions and spills can also occur increasing everyone’s risk of sustaining serious or catastrophic injuries.
Unfortunately, fatalities can also occur when a truck jackknifes. In 2020, the Federal Motor Carrier Safety Administration (FMCSA) reported 4,842 fatalities caused by jackknife truck accidents. This means around 2.9% of all jackknife accidents result in at least one fatality.
Who Can Be Liable for a Jackknife Truck Accident?
Liability in a jackknife truck accident isn’t always limited to one individual. More than one party can be at fault for the accident, and this can include or be limited to the truck driver or other motorists. You may even be at fault for causing the semi to jackknife.
Determining liability in this type of accident can be a complex process. Accident scene investigators are typically called in to help determine blame. So, who can you potentially name in a personal injury claim? The list can include everyone from the truck driver to the vehicle’s manufacturer. To help inform you, here’s a look at some of the parties commonly named in truck jackknife accident claims.
The Truck Driver
Truck drivers are ultimately responsible for keeping the vehicle under control. They are also required to follow all road rules.
Failing to follow road rules and driving recklessly can cause a driver to lose their CDL, at least temporarily. Without a CDL (commercial driver’s license), the individual can’t legally operate a commercial vehicle.
So, when can a truck driver potentially be held liable for a jackknife accident? Some situations include:
- Speeding
- Failing to properly brake
- Taking turns too quickly
- Driver fatigue
- Operating a motor vehicle (commercial truck) under the influence of drugs and/or alcohol
If a truck driver is found to be impaired at the time of the accident, they’re almost always liable for your damages. The truck driver may also face criminal charges but this doesn’t affect your ability to file a personal injury claim.
The Trucking Company
Most truck drivers work for an established company but some are independent contractors. If the truck driver is a company employee, the business has certain obligations to other motorists. In legal terms, this obligation is known as a duty of care, which is also an element of negligence. You must prove negligence to pursue a personal injury claim.
The duty of care a trucking company owes is to ensure its drivers are properly trained. The company is also responsible for enforcing all safety regulations both at the state and federal levels. The company is also responsible for keeping up with the truck’s maintenance. The only exception may be if the vehicle is owned by an independent contractor.
Truck Manufacturer
Occasionally, the truck manufacturer may be liable for the jackknife accident, and this can be tough to prove, especially if the truck is older or has plenty of miles on it.
Remember, the trucking company and/or driver is responsible for maintenance. Proving that a vehicle defect is caused by the manufacturer and not improper maintenance typically requires assistance from a personal injury attorney.
Your attorney has access to specialists who can help determine whether the defect that caused the accident is the fault of the manufacturer.
Vehicle Maintenance Provider
We briefly touched on vehicle maintenance and how it can be a contributing cause of a jackknife accident. Remember, all trucks require routine maintenance.
How often typically depends on company policy, industry safety requirements, and the number of miles the vehicle averages between inspections. At the very least, all commercial trucks should be inspected every three to four months.
If the third-party maintenance provider fails to perform due diligence, they may be liable for your damages. However, don’t forget the maintenance company may try to shift blame onto the vehicle’s manufacturer. Keeping detailed records of the vehicle’s maintenance can make it easier to determine fault.
Cargo Loaders
A common cause of truck jackknife accidents is when a load shifts sending the trailer swinging out into another lane. If you rely on a third-party vendor to load and unload trucks, they may be liable for the resulting damages. Some examples can include overloading a trailer or not properly securing a load.
Other Entities
Some jackknife truck accidents are caused by faulty road conditions. If this is the cause of your accident, the governmental entity responsible for road maintenance may be named as a defendant in your personal injury claim.
Determining Liability Can Be Confusing in a Jackknife Truck Accident
Trying to determine who’s ultimately liable for your jackknife truck accident is rarely easy. The liable party can be a single individual like the driver. Your claim can also name multiple individuals as defendants.
To help make sure that you know who to list on your personal injury claim, it’s a good idea to work with an experienced truck accident attorney. From proving liability to helping ensure you receive a fair settlement, your attorney can assist with every aspect of your case.
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