The roads we travel are filled with large trucks, and we learn how to share the roads with these vehicles as soon as we begin driving. For the most part, cars and heavy trucks coexist on the roads without incident. However, when collisions involving passenger cars and commercial motor vehicles do occur, it can spell danger for the occupants of the smaller vehicle.
What is a Jackknife Accident?
Jackknifing occurs when a truck’s trailer moves perpendicularly to the front portion of the vehicle, creating an angle resembling an “L” shape or a folding jackknife. Jackknifing can result in multi-car accidents, as nearby cars can get caught or struck by the truck’s trailer and other drivers could also become involved in the accident.
What Causes Jackknifing?
These accidents can occur in many different ways. Jackknifing accidents frequently involve braking issues and can often be traced back to driver error. For example, a driver who brakes suddenly on a slick surface can cause jackknifing. In some cases, defective or poorly maintained equipment can be the cause, such as poorly maintained brakes or tires.
How To Avoid Jackknifing
There are a few tips that truck drivers, or anyone operating a vehicle with a trailer attached, can observe to avoid jackknifing.
- Always allow plenty of space between your vehicle and the vehicle in front of you.
- Leave extra space between vehicles for braking in bad weather conditions like snow, ice, or rain.
- Be especially mindful if carrying light loads or loads with poor weight distribution.
- Avoid braking excessively while navigating curves.
- If at all possible, avoid swerving and braking at the same time.
- Always have your equipment properly maintained and repaired.
What To Do Immediately Following A Jackknifing Accident
- First, make sure that you and those in your vehicle are safe.
- Call for immediate medical attention if you or anyone else has been injured.
- Contact the police so they can respond to the accident scene and file a report.
- If you can, take pictures of the scene and any damage to your vehicle.
- Talk to any witnesses and gather their contact information.
- Do not sign anything given to you by the truck driver or representative of their company.
- Contact your attorney.
Seeking Legal Help After Your Truck Jackknife Accident
If another driver caused your jackknifing accident out of carelessness, you might be able to hold them financially responsible. Although jackknifing accidents are catastrophic, they can also be avoided. A majority of jackknifing accidents happen through driver error, such as:
- Driving a vehicle with faulty brakes
- Speeding
- Improperly loading cargo
- Driving under the influence
- Distracted driving.
Most, if not all, of these errors, happen through some form of negligence. A truck driver could have slammed on his brakes because he was inattentive or drowsy. A manufacturing company may have produced defective equipment that just so happened to malfunction at the wrong time.
If you can prove that the other party’s actions were negligent, you may be able to obtain compensation for your injuries. Speaking with a jackknife accident attorney can give you a better glimpse into your legal options. You will be able to have a strong understanding of how the legal process works and the type of compensation you might be able to receive for your injuries.
Who Can Be Held Liable In NYC Jackknife Accidents?
In the last reporting year, more than 1,800 jackknife accidents caused more than 55,000 serious injuries. The truck driver is not the only party that can be held liable for a jackknife accident. Other potential parties are:
- The trucking company
- Cargo loaders
- The manufacturing company
- The repair shop.
These are the parties that have some legal responsibility when it comes to transporting cargo. The trucking company and truck drivers must follow federal and state guidelines when transporting cargo nationwide.
The cargo loaders must avoid loading the rigs beyond the maximum capacity. The manufacturing companies must produce trucking parts that work as expected. When one or several of these parties fails to perform their legal responsibility, it can cause a jackknife accident to happen.
What Type of Compensation Can You Obtain From Your New York Jackknife Accident?
Many factors determine the amount of compensation you can get after being injured in a jackknife accident. These factors involve:
- The severity of your injuries.
- The type of medical services you may need.
- The other party’s insurance policy limits.
- The nature of the other party’s actions. The level of the other party’s careless actions may determine the amount of compensation that they will be responsible for.
Trying to prove these factors in your case can seem overwhelming, especially if you’re still recovering from your jackknife injuries. Partnering with a New York jackknife accident attorney could make your fight for compensation easier. Talk to the team at Tucker Lawyers, PC, in New York City about your case today.
Helping Build A Credible Case For You
Your ability to obtain the compensation you deserve will depend on the strength of your case. The more you can prove that the other party’s actions caused your jackknife accident, the stronger your case.
A jackknife truck accident attorney knows what type of evidence can help strengthen your case. In addition to their expertise, they have several resources at their disposal. They can obtain legitimate pieces of evidence that can prove the other party’s negligence.
Managing Your Paperwork and Deadlines
Your recovery period from a jackknife accident can take longer than expected. It can be difficult to juggle deadlines while getting your life back on track. Managing the paperwork you need for your case can also be difficult. You may have to obtain copies of your medical records, daily notes about your injuries, and photos of the accident scene.
New York jackknife accident attorneys are used to filing paperwork and keeping track of deadlines on behalf of their clients. They can file and manage the necessary paperwork for their clients who are still recovering.
Reaching The Best Settlement For Your NYC Jackknife Accident
If you want to avoid a trial and settle out of court, an attorney can also help you with that process. At some point during the settlement process, the insurance company may respond in the following ways:
- Counter your demands for a settlement
- Challenge the nature of your injuries
- Stall negotiations
- Ignore your demands entirely.
These responses can make the settlement process frustrating for you. Working with a jackknife truck accident attorney can help protect your legal interests. You may strengthen your chances of reaching a fair settlement by having a legal advocate on your side.
Calculating All of Your NYC Jackknife Accident Damages
Whether you seek compensation through a settlement or a trial, insurance companies may try to lowball you. They may suggest that there is a cap to the compensation that you can obtain from them.
The amount of compensation you deserve depends on the nature of your damages. These damages include economic damages like medical expenses and lost wages. You may also be compensated for non-economic damages like emotional distress, pain and suffering, and loss of enjoyment of life.
A jackknife accident attorney can provide a calculation of all of your damages. They can thoroughly assess your damages and determine the value of your case.
Providing Legal Representation In Court For Your Jackknife Accident
Even though most jackknife accident cases result in a settlement, your case may progress to a trial. If it does, your attorney can offer legal representation in court. Building a credible case in court differs from building a credible case for a settlement. You will have to use different elements of negligence to prove the other party’s liability.
You may even be asked to defend yourself against the other party’s counsel. Their legal counsel can cross-examine you and request that you testify. In this case, a New York jackknife accident attorney can prepare you for your testimony while also providing the best evidence for your case.
Call an Experienced Jackknife Accident Lawyer in New York City Today
If you or a loved one has been injured in a jackknifing accident, you might be able to receive compensation for your injuries. It is important to act as quickly as possible after such a crash. Large trucking companies have systems to reduce their liability after an accident involving one of their drivers. If a representative of that company approaches you, direct them to your attorney. The truck accident lawyers at Tucker Lawyers PC have handled these cases before, and we know how to deal with the legal teams of trucking companies. Contact us today to learn how we can help you.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]