Explaining ‘Jackknife’ Truck Accidents
There are several different types of tractor-trailer accidents. A so-called ‘jackknife’ crash is less common than some other scenarios, but because of the unpredictable way a tractor-trailer will behave in this situation, this type of crash can be among the most deadly. If you have been so unfortunate as to experience a ‘jackknife’ truck accident, your injuries are likely severe. You have the right to seek damages for what you have been through – the right attorney can help.
Causes & Effects
A jackknife accident can happen as a result of multiple factors, or a combination thereof. Some of the most common include slippery road conditions (due to bad weather, poor maintenance, or another cause), mechanical failure in the vehicle, and human error – including driving under the influence, speeding, or any other potentially negligent behavior on the part of the driver. When this happens, the two halves of a tractor-trailer ‘fold’ in on itself, often winding up stalled across the lanes of the road, leading to potential crashes.
While it is true that only a small percentage of crashes involving tractor-trailers are fatal, the numbers are rising – statistics from the Federal Motor Carrier Safety Administration (FMCSA) estimate that between 2020 and 2021, the number of fatal crashes involving large trucks rose 17 percent, while the number of injury crashes rose around 6 percent. Part of the reason why is that multiple types of injuries are possible in this type of accident – everything from whiplash and other neck injuries to amputations are reported in these collisions.
Who To Hold Liable?
If you have been injured in this type of crash, it is crucial that you understand who may be held liable. In a tractor-trailer crash, it may be possible to establish negligence on the part of the driver, but it is likely that a driver will be judgment proof – that is, they will not be able to pay off a jury award if they are found liable for your injuries. Under a doctrine known as vicarious liability, it may be possible to hold the driver’s employer liable if you can establish that the driver was acting within the “scope of employment” at the time of the crash.
It can sometimes be difficult to determine whether an employee was acting within the scope of their employment, but with tractor-trailer drivers, it is less difficult in most cases. A tractor-trailer driver hauling cargo, as one usually is a jackknife accident, is acting within the scope of their employment if they are performing the kind of work they were hired to perform, within the suggested time and space of their usual work, with the intention to further their employer’s business. If you can establish this, you are likely to be able to hold the tractor-trailer company liable, as well as the driver.
Call A Tampa Jackknife Tractor-Trailer Accident Attorney
Being in any kind of accident that involves a tractor-trailer has the potential to be life-changing, but a jackknife accident is more likely to involve disproportionate speed, size, and weight, and is more likely to cause serious injury. A Tampa jackknife tractor-trailer accident attorney from the Rinaldo Law Group can help you obtain the compensation you deserve. Call our office today for a free consultation.
Source:
fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2021