Regardless of which Texas highway you’re driving on, there’s a good chance you’re going to pass at least one 18-wheel truck. Semi-trucks are a common sight and they’re also a vital part of the state’s and nation’s supply chain.
While most drivers never run into any situations involving a large truck, accidents can still occur. Any incident involving semi-trucks can result in severe injuries and damages, but some like a jackknife accident are often more dangerous than others.
So, who’s liable in a jackknife accident? Determining liability in a jackknife truck accident is an important step in proceeding with your injury claim, but how do you get started with the process?
What is a Jackknife Truck Accident?
The Federal Motor Carrier Safety Administration is one of the agencies tracking truck accident rates. In 2020, 4842 jackknife accidents with fatalities were reported, and the number is higher for non-fatal jackknife accidents at 107,000.
So, what does it mean when a semi jackknifes? This type of accident occurs when the truck’s trailer swings out from behind the cab. When the trailer finally comes to a stop, its position related to the cab resembles a partially open pocket knife.
So, what makes a jackknife truck accident especially dangerous? When the trailer swings out, it makes it difficult for the driver to control the truck. As the trailer swings out, usually across another lane of traffic, cars can be swept up. Vehicles may even be pushed underneath the out-of-control trailer.
Another government agency tracking jackknife truck accident rates is the Centers for Disease Control (CDC). The agency notes that the leading cause of death in non-collision traffic incidents is jackknife truck accidents.
You may think it’s difficult for a trailer to swing away from the truck cab. However, a variety of situations can cause this type of trucking accident. Some of the common causes for a truck to jackknife are:
- Locked wheels, either on the cab, trailer or usually both.
- Malfunctioning equipment
- Failing brakes or improper braking. This can include when a truck driver slams on the brakes when traveling at a relatively high rate of speed. For example, a truck doing 65 mph that suddenly brakes is at risk of jackknifing.
- Truck drivers perform evasive maneuvers like trying to avoid a hazard on the road.
- Driving too fast around a sharp curve.
- Improperly secured cargo. Loads not secure can shift in the trailer causing it to swing out.
- Dangerous weather conditions. Wet or icy roads can result in the trailer losing traction and swinging out towards the cab.
- Speeding
While the reason a truck jackknifes can vary, almost all accidents result in significant injuries and property damage.
Who Can Be Liable in a Jackknife Truck Accident?
You may think determining liability in a truck jackknife accident is relatively straightforward. After all, isn’t the truck driver always responsible for controlling the vehicle? Yes, the truck driver is responsible for keeping the cab and trailer under control. However, sometimes the driver isn’t the responsible party.
Determining liability in a jackknife truck accident can be complex, especially if the driver isn’t responsible for the incident. Your accident may also have more than one at-fault party and this can further complicate your injury case. So, who can be held liable for a truck jackknifing and causing an accident?
Truck Drivers
All drivers owe other motorists a reasonable duty of care. This means their actions are those of a reasonable person. If a truck driver isn’t obeying all traffic and safety laws, they may be found negligent and responsible for the jackknife accident.
Some examples of negligence can include speeding, failing to stop at traffic lights, and driving under the influence.
Another Vehicle Driver
Sometimes, the truck driver must take evasive measures to avoid hitting another motorist. Maybe the other driver cuts off the truck or suddenly slams on their brakes. To avoid running into or over the lead vehicle, the truck driver slams on their brakes.
The sudden application of the brakes can cause the wheels to lock up and the trailer to swing out towards the cab.
The Trucking Company
Trucking companies are responsible for overseeing the safety of their fleets. They must also meet state and federal regulations designed to improve safety in the transportation industry.
The process here typically includes keeping up with vehicle maintenance and tracking driver’s hours behind the wheel. Truck drivers across the country are legally required to take breaks after being behind the wheel for a specific number of hours.
How long a trucker driver can be behind the wheel varies at the state and federal levels. Federal law states truck drivers can drive for up to 11 hours, but they must take a break for 11 consecutive hours.
As mentioned, state law can be a little different. For example, Texas allows truck drivers to be behind the wheel for up to 12 hours but only after being off duty for at least 8 hours.
If the trucking company violates any state or federal mandates, it may be liable for the jackknife accident. The trucking company may also be liable for their driver’s negligence.
For example, not requiring a driver to take required breaks. You may want to talk to your injury attorney about responded superior rules. Under this rule, you may be able to hold both the driver and the trucking company liable for your damages.
Truck Parts Manufacturer
If a defective or malfunctioning part is responsible for the jackknife accident, the truck driver often isn’t liable for your damages. Instead, you turn to the manufacturer of the defective part. An example is if a manufacturer installs defective tires that blow out and cause the trailer to jackknife.
Faulty brakes are another example: if you can prove the malfunctioning part is the direct cause of your accident, you may be able to file a claim against the manufacturer.
Don’t Go Through a Jackknife Truck Accident Claim Alone
If you’re injured in a jackknife truck accident, don’t attempt to get through the claims process alone—these kinds of cases are often complex, especially when determining liability.
Consult with an experienced trucking accident attorney to understand your legal options and ensure you receive the compensation you deserve. An attorney can guide you through each step, making the process less overwhelming and more effective.
