Jackknife Truck Accident: All You Need to Know
A jackknife truck accident happens when a driver loses control of a tractor-trailer and the trailer swings out at a sharp angle to the cab, folding like a pocketknife. These truck accidents are particularly dangerous and complex due to the size and weight of commercial trucks. They often result in severe injuries and property damage.
The value of a victim’s damages can be significant due to catastrophic injuries and substantial financial losses. If you’ve been injured in a jackknife accident, these are the things you need to know to protect your rights.
What Causes Jackknife Truck Accidents in Texas?
Jackknife accidents can occur for many reasons, including:
- Sudden braking, especially on slick roads, causing the trailer to swing out when the truck tires lock up
- Equipment failure, such as hitch defects, faulty brakes, and poor maintenance
- Turning too quickly, causing the trailer to push the cab out of alignment
- Improperly loaded cargo that shifts weight unevenly
- Driver error, including fatigue, speeding, distraction, impaired driving, and lack of experience
- Unsafe road conditions
Liability can be challenging to prove in a jackknife truck accident, as multiple vehicles may be involved. Hiring an experienced Dallas truck accident lawyer early in the case is advisable.
Who Can Be Held Liable for a Jackknife Truck Accident in Dallas, TX?
Multiple parties may share liability, depending on what caused the jackknife accident. Any party that contributed to the cause of the accident could be liable for damages.
Potential liable parties for a jackknife truck accident include:
- Truck drivers due to speeding, sudden braking, distracted driving, etc.
- The trucking company because of inadequate training, failure to maintain trucks, unsafe schedules, or vicarious liability
- Manufacturers responsible for defective parts
- Maintenance companies for neglect in repairs and maintenance
- Other drivers for failing to follow traffic laws or other negligence
- Loaders and shippers for failing to load and secure items properly
Victims could also be partially responsible for causing a jackknife truck accident. The Texas proportionate responsibility statute is a form of modified comparative negligence. If the victim is more than 50% to blame for causing the truck accident, they cannot recover damages. If their percentage of fault is 50% or less, their damages are reduced by their percentage of fault.
Legal Deadlines for Filing Jackknife Truck Accident Lawsuits in Texas
The Texas statute of limitations for filing civil lawsuits for personal injury is typically two years from the accident date. Missing the deadline could result in losing the right to recover compensation for damages.
What Compensation Is Available to Jackknife Truck Accident Victims?
A truck accident can cause catastrophic injuries, including spinal cord injury, internal organ damage, traumatic brain injury, and broken bones. These injuries can cause permanent impairments and disabilities.
Damages compensate victims for their losses and injuries. Economic damages can compensate for lost wages, diminished earning capacity, out-of-pocket expenses, and medical bills.
Non-economic damages are meant to compensate victims for intangible losses, such as pain and suffering, emotional distress, and mental anguish. They can also provide compensation for permanent scarring or disfigurement, physical impairment, and reduced quality of life.
The amount you receive for a jackknife truck accident claim depends on the specific circumstances. With severe injuries and lifelong impairments, the value of damages typically increases.
If the at-fault party acted with malice, fraud, or gross negligence, in rare instances, punitive damages may also be awarded.
What Evidence Is Necessary in a Jackknife Accident Case?
Proving fault is complex and requires preserving evidence immediately. Each accident case is unique; therefore, the evidence is unique to that case.
Evidence often used in a jackknife truck accident claim includes:
- The truck’s black box, which includes data for speed, braking, movement, etc.
- Dashcam footage from the truck and other vehicles
- Video from traffic cameras and other sources
- Truck maintenance and inspection reports
- Police reports and witness statements
- Expert witness opinions and reports, including commercial truck experts and accident reconstructionists
- Truck driver’s log
Trucking companies and their insurance providers often move quickly to protect themselves from liability. A Dallas truck accident attorney can take prompt actions to gather and preserve key evidence, such as the information from the truck’s black box.
What Should I Do After a Jackknife Truck Accident in Dallas, TX?
The aftermath of a jackknife truck accident is often chaotic. Numerous vehicles and multiple victims may be involved. Some vehicles may be crushed, trapping the victims inside. In some crashes, vehicles may catch on fire.
Police, emergency medical services, and emergency responders typically arrive to assist the victims and begin an investigation into the accident. Because a truck accident scene can be extremely dangerous, it is important to move to a safe location, if possible, to wait for medical attention.
While waiting, ask eyewitnesses for their names and contact details. You can also make a video of the accident scene from a safe distance.
Seek immediate medical treatment for injuries. Documenting your injuries is crucial for a personal injury case. Do not discuss the details of the accident with anyone until you speak with an attorney. Statements you make could be used to argue that you admitted fault.
Instead, focus on healing and allow a Dallas personal injury attorney to handle the legal matters.
Why Hire a Dallas Truck Accident Lawyer After a Jackknife Crash?
Truck accident claims are legally and factually complex, involving multiple responsible parties and aggressive defense tactics by trucking companies and insurers.
A skilled Dallas truck accident lawyer can:
- Conduct a thorough investigation
- Gather critical evidence before it is lost
- Identify all liable parties
- Hire expert witnesses, as needed, to build a strong case
- Defend against allegations of comparative fault and blame
- Counter insurance company denials and underestimations
- Negotiate for a fair settlement or litigate if necessary
Early legal involvement by an experienced Dallas personal injury lawyer is critical to protect your claim.
Contact Benton Accident & Injury Lawyers Today to Schedule a Free Consultation With Our Dallas Jackknife Truck Accident Attorneys
If you or a loved one is injured in a jackknife truck accident in Dallas, you need an experienced attorney to help protect your rights to just compensation.
Call Benton Accident & Injury Lawyers today to schedule a free consultation with our Dallas jackknife truck accident lawyers.
If you’ve been injured in an accident in Dallas, TX, please contact the experienced Dallas truck accident lawyers at Benton Accident & Injury Lawyers today. We offer free consultations.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
Find us with our GeoCoordinates: 32.7950252,-96.8241861