Jackknife Truck Accident

Our Orange County Truck Accident Lawyer Will Fight For Your Rights

Jackknife truck accidents are among the most common types of crashes caused by the negligence of the truck driver or trucking company. If you have been injured in a jackknife crash or any other type of accident, an experienced truck accident attorney at Case Barnett Law can represent you in the legal process. Case Barnett has over 14 years of trial experience and never forgets why he goes to work every day — to fight for the rights of injured clients like you. Call us today to speak to a truck accident lawyer dedicated to working for you to get the maximum possible amount of money in your case. 

Common Causes of Jackknife Truck Accidents

The driver is most often to blame for a jackknife truck accident. Simply stated, these accidents would not happen if the truck driver acted reasonably. Common driver errors that could cause jackknife truck accidents include:

  • Speeding
  • Failure to slow down before turns
  • Reckless driving
  • Over or understeering
  • Failure to check blind spots
  • Improperly loaded cargo
  • Defects in the truck or parts
  • Tire blowouts

Liability in a Jackknife Truck Accident

You would sue the trucking company for any type of accident. Legally, the trucking company and their driver are one and the same (except when you have been injured in an accident with an owner-operator). So long as the driver’s actions were within the scope of their job duties, their employee would be liable when they were negligent. You want to sue the trucking company when you can because they have deeper pockets and more insurance coverage to pay for your injuries. 

Your truck accident attorney would conduct a full investigation of the accident to determine who you may be able to sue. You should sue anyone whose actions played a role in your injuries.

Other potentially liable parties could include:

  • The manufacturer or seller of the truck. You can file a product liability lawsuit if the truck itself is defective.
  • The government. If the government failed to maintain the road in reasonable condition, you could sue them.
  • A third party. The trucking company may contract a third party to provide services, such as a cargo loader or maintenance company. You can sue them if their negligence caused the jackknife accident.

What to Do After a Jackknife Truck Accident

Starting from the minute after a truck accident, your actions matter. What you do can mean the difference between a large and adequate truck accident settlement and coming away with little to nothing for your injuries. To begin with, what not to do – never trust the insurance company to do the right thing, and do not attempt to deal with them on your own.

You should be as vigilant as possible about getting medical care. If you are not diligent about your medical care, the insurance company may claim that you made your situation worse by not doing everything in your power to get better. Then, they could try to reduce the amount of compensation that they would pay you in a settlement. 

You would generally wait until you have reached the point of maximum medical improvement before you resolve a truck accident claim so you can ensure you are fully compensated for all medical expenses and lost wages. However, the time to hire a lawyer is right after the accident since your lawyer would need to get to work immediately to gather evidence and protect you from the insurance company.

Damages in a Jackknife Truck Accident

Your damages from a jackknife truck accident largely depend on how you were specifically injured. The size of your settlement check would also be determined by the amount of the trucking company's insurance coverage and whether they have the assets to pay a judgment against them (if they do not have enough insurance). 

Your jackknife truck accident damages may include the following:

  • Medical expenses
  • Lost wages
  • Property damage
  • Pain and suffering
  • Loss of enjoyment of life
  • Scarring and disfigurement
  • Emotional distress
  • Loss of consortium

Truck accident damages tend to be larger than those in many other motor vehicle accidents. You have likely been more seriously injured, and there is more money available to pay for your damages. 

Punitive damages are what could make your jackknife truck crash award even higher. If you win your case at trial, the jury may want to send a message to the trucking company or make an example out of them for others to see. If the jury sees extreme negligence or a culture of non-compliance, they may assess punitive damages. Some juries have even slapped trucking companies with such high verdicts that it put them out of business entirely. 

How a Jackknife Truck Accident Lawyer May Help You

Truck accident cases are even more challenging to fight than an “average” car accident claim. Both the insurance and trucking companies know exactly what is at stake, and they will expend all effort to make your life as hard as possible. Even though you have a legal right to full compensation for your injuries, you may need to fight back. 

Our truck accident lawyers can help you by doing the following:

  • Investigating the cause of your accident and gathering proof that can be used for your case
  • Estimating the value of your damages by reviewing your situation and working with experts
  • Filing a jackknife accident claim or lawsuit on your behalf
  • Building your case in the discovery process by obtaining additional evidence
  • Negotiating a settlement agreement on your behalf or trying your case in court

Most of all, you need someone to fight on your behalf because neither the insurance nor the trucking company will make things easy on you. It is vital that you hire a lawyer to avoid making mistakes