Jackknifing is the term used to describe when a semi-truck driver loses control of the vehicle, causing the trailer of the semi-truck to swing around towards the front of the vehicle and collide with the side of the truck’s cab. When a semi-tractor-trailer truck jackknifes on an occupied public roadway, it can cause extensive damage to motorists due to devastating pile-ups and multi-lane traffic obstructions.
If you were seriously harmed in a jackknife semi-truck accident resulting in substantial financial losses, with the help of an experienced truck accident lawyer you could receive compensation for your injuries by filing a civil injury claim against any of the at-fault parties involved. Speak with a diligent Dallas truck accident lawyer to discuss your case and your legal options to seek compensation.
What is a Jackknife Accident?
Jackknifing typically occurs when the driver of a semi-tractor-truck trailer attempts to make a sudden turn or stop the vehicle causing the trailer to move in one direction while the truck’s cab goes the other way. Additionally, when a truck driver loses control of both the trailer and their rig, these accidents involve the rig turning towards the trailer, causing the vehicle to fold up similar to a folding knife.
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How Does a Collision Occur?
Frequently, the result of unexpected drastic downward adjustment in speed, this could be because the driver belatedly realized the need for sudden braking, something which stops the cab’s movement, but produces momentum which propels the trailer sideways in extremely dangerous manner.
Some of the other potential causes of a jackknife truck accident include:
- Operator error
- Speeding
- Poor travel conditions
- Inclement weather
- Malfunctioning breaks
While there are a few different ways in which a semi could end up jackknifing, a vast majority of accident cases involving jackknifed trucks are due to the negligent or incompetent operation of the truck by the driver. A knowledgeable civil litigator with experience handling truck accident claims could evaluate a case’s facts to determine whether a party may be liable for damages potentially responsible for causing the accident.
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Determining Liability for Damages in Jackknife Semi-Truck Collisions
If a person suffers an injury in a jackknife truck accident caused by another party’s negligence, the negligent party may be held liable for damages. To recover damages for their accident injuries, the plaintiff must establish negligence on behalf of the at-fault party. To prevail in a negligence claim, the plaintiff has the burden of proving each of the following:
- Duty to act
- Breach of duty
- Causing harm
- Damages as a result
If the plaintiff succeeds in proving the opposing party’s negligence, they may seek to recover compensation from the opposing party and any parties subsequently liable for the opposing party’s negligence. While the truck driver is typically the negligent party in most jackknife truck accidents, other potentially liable parties may include the trucking company the driver works for or, if the vehicle is defective, the truck’s manufacturer.
However, depending on the negligence laws adopted by a state, if the plaintiff contributes in any way to causing their injuries, they may receive a reduced damages award or barred from recovering compensation entirely. In Texas, if a jury finds that the plaintiff’s percentage of fault is 51 percent or more, they will not be eligible to recover monetary damages, as provided under § 33.001 of the Texas Civil Practice and Remedies Code. The percentage of fault assigned to each of the parties in an injury claim is determined by the jury per Tex. Civ. Prac. & Rem. Code § 33.003.
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Let a Skilled Jackknife Truck Accident Lawyer in Dallas Litigate Your Case
Jackknife semi-tractor-trailer truck accidents can result in a wide range of damages, ranging from fatal and non-fatal bodily injuries to the severe mangling of vehicles to road closures and travel delays. Although several factors can contribute to causing a jackknife truck accident, operator error tends to contribute substantially in a majority of jackknife trucking injury cases.
If you or your family sustain severe accident injuries due to negligence, any losses endured might be remedied by filing a civil injury claim against the party potentially liable for the truck driver’s failure. Time is of the essence when filing a personal injury claim, so do not risk further delaying your potential damages award and get in touch with a Dallas jackknife truck accident lawyer.
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