When a truck’s trailer swings out sharply and forms a right angle with the cab, it is called a jackknife truck accident. These accidents frequently involve multiple vehicles and can block significant portions of the road. The Federal Motor Carrier Safety Administration (FMCSA) reported that in 2020, jackknife truck accidents caused 169 fatalities.
Causes of Jackknife Accidents
Careless Driving
If drivers are not paying attention or are distracted, it can easily lead to a jackknife accident. A brief mistake can cause you to lose control, especially when driving bigger vehicles.
Impaired Driving
Driving while tired or using drugs can slow down a person’s response and judgment. Driving for a long time without enough sleep or being affected by drugs or alcohol increases the chances of an accident.
Equipment Failure
Problems with brakes are often what causes accidents. If you do not maintain the trailer’s brakes, it can become challenging to control the trailer when braking.
Environmental Factors
Rain, snow, potholes, and rough roads can lead the trailer to move unexpectedly, which can be dangerous. Driving in such conditions can be difficult for those who do not have much experience.
Cargo Loading Issues
If cargo is not loaded correctly, it can destabilize the trailer. Moving loads during travel can cause the truck to lose control, resulting in a jackknife accident.
Speeding
Driving too fast makes it harder for a driver to avoid sudden stops or sharp turns. Trying to stop the trailer from swinging out during an emergency is challenging because the vehicle travels at high speed.
Severity of Injuries from Jackknife Accidents
Because trucks are so big and heavy, their impact in accidents is much greater. Many victims experience significant injuries such as broken bones, brain injuries, damage to the spine, burns, and injuries to their internal organs. These injuries are usually more serious than those experienced in regular car accidents.
Determining Legal Responsibility
Truck Driver
If it is clear that the driver was speeding, tired, or not paying attention, your Houston truck accident lawyer can help hold the driver responsible for the accident.
Cargo Loaders
If improper loading by the entities responsible led to the accident, they might be held liable.
Trucking Company
If a business does not maintain its vehicles or follow safety guidelines, it may be held accountable for accidents caused by these lapses.
Truck Manufacturer
The manufacturer may be held responsible if a truck or its parts had a defect that caused the accident.
Legal Considerations for Victims
Modified Comparative Negligence in Texas
Texas applies a modified version of the comparative negligence rule. The victim can only obtain damages if their role in the incident is no more than 50%. They cannot receive compensation if their share of the blame is more than 50%.
Statute of Limitations
In Texas, victims have up to two years from the accident date to start a personal injury lawsuit. If you do not file a lawsuit within this time, you may lose your right to receive compensation.
Jackknife truck accidents can result in serious injuries and make the legal process difficult. Understanding the reasons and the rules involved is essential for victims who want justice. A personal injury attorney can guide you through the process and ensure you receive proper compensation.
Contact an Experienced Attorney for Jackknife Truck Accidents in Texas
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX, 77069
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