When a truck’s trailer swings out of line with the cab and folds toward it at a sharp angle, it can cause an accident known as a jackknife crash. If this happened to you and you suffered an injury as a result, knowing the reason why can help you seek compensation.
Factors that cause a jackknife
Several driving errors and road conditions can set these accidents in motion. The most common factors include:
- Sudden braking that locks the wheels and causes the truck or trailer to skid
- Excessive speed that increases the risk of losing control
- Sharp steering maneuvers that cause the tires to lose traction
- Slippery roads that make it harder for tires to maintain contact with the road
Other contributing factors can involve brake problems, worn tires or improperly secured cargo, meaning liability may extend beyond the driver’s actions.
Parties who bear legal responsibility
A trucking company may share responsibility for a jackknife crash when its driver causes the collision while working within the scope of employment. Its own practices can also contribute to the accident, including delivery schedules that place pressure on drivers to meet demanding deadlines.
Liability can also extend to parties whose work contributed to the crash. A maintenance provider, for example, may bear responsibility if it returned a rig to service with defective brakes despite federal requirements for safe braking systems. Improperly secured cargo can implicate the company that loaded it, while a manufacturer may be liable when a defective component causes the failure.
Evidence that establishes fault
Proving fault after a crash relies on several sources, such as:
- The truck’s onboard data recorder
- The driver’s hours-of-service logs
- The official crash report
- The dashcam or surveillance footage
Some of this evidence can be overwritten or lost if it is not preserved promptly. Sending a preservation letter might prevent this and give you the opportunity to get information that insurers may overlook.
Rules that impact your recovery
Under North Carolina’s contributory negligence system, a defendant may try to show that your own negligence contributed to the crash. If that defense succeeds, it can prevent you from recovering compensation even when another party was also negligent.
Legal counsel can review the circumstances of the crash, explain your options and handle communications with the trucking company and its insurer as the claim moves forward. An attorney can also help you address legal or procedural issues that arise as the case progresses.
