If you’ve been severely injured in a jackknife accident, you may be entitled to pursue compensation from your insurance. Given the nature of these kinds of collisions, jackknifing accidents can often lead to catastrophic injury and major damage to all parties involved.
For victims looking for legal options after a jackknife crash, a truck accident lawyer in New Jersey will serve them so that they can be compensated for their injuries. They are expert negotiators and knowledgeable about trucking accidents.
A jackknife truck accident occurs when the trailer of a commercial 18-wheeler semi-truck swings off the hitch receiver into another vehicle after the truck driver uses the emergency brake. In this position, the truck resembles a jackknife blade hence the term “jackknifing.”
Victims in such accidents could suffer severe risk such as traumatic brain injury, chemical burns, lacerations, internal bleeding, dismemberment, or other devastating injuries. These kinds of accidents can also run the risk of overturns or pileups, resulting in a multi-vehicle crash or rear-end collision.
Liability in jackknife truck accidents can depend greatly on the factors involved in the crash, such as the negligence of the drivers involved, the condition of the road, the truck company’s conditions on the driver, or if anyone had violated laws and regulations regarding trucks.
Evidence for a jackknife accident lawsuit can typically be secured in the immediate aftermath or during an accident investigation where the parties will question and confirm statements from witnesses or examine aspects of the crash such as collision angles, tire marks, or damaged areas of the vehicles. Photographs and videos can also be essential in proving negligence and helping attorneys and insurance adjusters determine fault.
For most personal injury cases, there are multiple types of compensation that can be claimed for injuries in a jackknife accident.
Economic damages refer to physical injuries, lost wages, vehicle or property damage that can be easily calculated or quantified using medical invoices, mechanic repair bills, and other documents that are factored into the final settlement.
Non-economic damages refer to mental and emotional damages that cannot be easily quantified. Usually, these include PTSD, depression, loss of consortium or overall quality of life, and any other psychological impact. These can be trickier to prove, and would usually require testimony from family members or a therapist, as well as any treatments or prescriptions for depression and anxiety.
Punitive damages exist as additional compensation for cases where there was gross negligence, meaning that the at-fault party displayed an extreme disregard for human safety and traffic laws. Punitive damages are also used as a deterrent for truck drivers and companies as part of jackknife crash prevention.
For most personal injury cases, there are multiple types of compensation that can be claimed for injuries in a jackknife accident.
Truck drivers bear the risk of being the most liable in accidents, and they are often the first ones to take blame for causing the wreck. They may have been inexperienced leading to reckless driving, sleep deprived leading to drowsy driving, or had not followed safety regulations. If so,they may be liable for damages.
The trucking company may have violated OSHA or other safety violations by overworking their drivers, not adhering to weight limits or hiring unqualified drivers. Truck companies are in charge of the maintenance of trucks, so neglecting repairs or upkeep can hold them liable. Even if the trucking company may not have been directly responsible, they could still be held liable vicariously through the actions of the driver while on the job.
A mechanical failure, such as if the emergency brake or the hitch are faulty or defective and leads to an accident, could indicate that the truck manufacturer may have been at fault and could be responsible for legal damages.
Depending on the contents of the truck, it’s possible that the cargo loaders may not have properly secured the load and the uneven weight distribution led to the trailer swinging out of control. In this event, they may be found liable in a jackknife crash and could strengthen your case.
There could be many causes for jackknife accidents, as several parties could be found negligent. Causes of jackknife truck accidents include:
Whatever the cause may be, jackknifing is among the most dangerous accidents on the road and can lead to very severe injuries.
Being prepared during the aftermath of a crash is the best way to stay safe and make the truck accident claim process easier on yourself.
Checking yourself for injuries and calling authorities comes first and foremost after an accident. Calling 9-1-1 and seeking immediate medical attention will lead to a faster recovery. Keeping track of medical records and doctor’s notes will be important for filing claims later.
Keeping records of the scene such as photographs or videos of the crash site, damage to your vehicle, and other details like road signs, skid marks, or the surrounding environment can be instrumental for filing a personal injury claim.
Collecting witness information and testimony can also corroborate your side of the story and strengthen your jackknife accident case. Your personal injury lawyer can also assist in gathering and preserving the evidence so you can focus on your recovery. Further, the injured victim must avoid making mistakes while filing the truck accident claim that may result in nullifying the chances of getting compensation.
At Omni Injury & Accident Law, we represent clients throughout New Jersey, including Fort Lee, Bergen County, Essex County, Hudson County and other surrounding areas.
Insurance companies may sometimes try to lowball you, so hiring a lawyer can help make sure your legal rights are protected and that you are receiving the compensation you deserve. Results may vary depending on your particular facts and legal circumstance. Schedule a free consultation and get started on the path toward recovery!
