You might have seen reports of jackknife crashes on the local Houston, TX, news or on social media, especially if the crash stops traffic on a major highway. However, not many people know how these accidents happen.
A jackknifed 18-wheeler can not only inconvenience commuters but also cause devastating and even deadly injuries to both the driver of the truck and any passenger vehicles caught in its wake.
Speaking with a knowledgeable and experienced Houston personal injury attorney after you or a loved one has been injured in a jackknife accident is crucial to securing your rights and getting the compensation you deserve for your injuries.
What Is a Jackknife Accident?
A jackknife accident occurs when a truck’s trailer swings out at an angle from the cab, often into oncoming traffic. The term “jackknife” comes from how the trailer and cab appear to look like a partially opened pocketknife.
When this happens on a highway or a busy street, the consequences can be deadly. According to the Federal Motor Carrier Safety Administration (FMCSA), more than 5,000 crashes occurred nationwide in 2020 as a result of jackknifed 18-wheelers. About 1,000 of these crashes led to injuries. Sadly, 169 jackknife accidents led to fatalities.
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What Are the Most Common Causes of a Jackknife Truck Crash?
While trailer jackknifes can happen anywhere and anytime, they frequently occur for the same reasons. According to a study commissioned by the FMCSA, a trailer is most likely to jackknife when it is driven under the following conditions.
Careless Driving
Carelessness, which is listed as “recognition” by the FMCSA, is one of the most common causes of jackknife accidents. A truck driver who gets distracted, lets their attention wander, or fails to assess a situation properly for whatever reason can cause a jackknife crash.
Driving While Impaired or Under the Influence
Interstate truck drivers work long and arduous hours. These hours can sometimes catch up with the driver, resulting in the driver falling asleep behind the wheel. Sometimes, too, a driver can be under the influence of drugs or alcohol. Drivers impaired for any reason are the cause of a significant number of crashes.
Equipment Failure
Failing brakes are the most common mechanical cause of jackknife accidents. A truck company that doesn’t properly maintain its fleet could be the primary cause of an accident caused by equipment failure.
Environmental Factors
Wet, slippery roads, potholes, and uneven surfaces are just a few of the many external factors that can cause the weight of a cab or trailer to shift and lead to a jackknife crash. Additionally, curves in the road can be dangerous, especially for inexperienced drivers, who may fail to maneuver the truck correctly.
Overloaded or Improperly Loaded Cargo
When loads are unbalanced or not loaded onto the truck correctly, the trailer can shift and swing. When the trailer swings out of the driver’s control, the result is a jackknife accident.
Speeding
Truck drivers must follow the posted speed limits, like all other drivers. A truck driver speeding on the road needs more time to brake safely. If the driver fails to do so, they can cause a jackknife accident.
How Severe Are Jackknife Accidents?
Jackknife accidents can cause devastating and, in some cases, deadly injuries. Some common injuries stemming from these accidents:
- Broken bones
- Traumatic brain injuries (TBIs), such as concussions and skull fractures
- Spinal cord injuries, including paralysis
- Burns and lacerations
- Internal organ damage
These injuries are often much more severe than those in passenger vehicle accidents due to the size of tractor-trailers and the impact of the crash.
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Who Is Legally Responsible for a Jackknife Accident?
As with all motor vehicle crashes, jackknife accidents don’t always have just one cause. The following individuals and organizations may share fault.
The Truck Driver
When a truck driver causes an accident because they are speeding, reckless, fatigued, or under the influence, the driver is mostly or partially responsible.
The Cargo Loaders
An improperly loaded truck can cause a jackknife accident. When this happens, the cargo loaders at the docks may share in responsibility.
The Trucking Company
When an improperly maintained truck causes a jackknife accident, the trucking company that employs the driver may be partially at fault. You may be able to file a claim against their insurance, as well.
The Truck Manufacturer
The truck manufacturer (or the parts manufacturer) may be partly responsible if a recalled or defective truck part is the cause of a jackknife accident.
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Can an Accident Victim Still Receive Compensation for Their Injuries if They Are Partially at Fault?
In some cases, a passenger vehicle driver who has been injured by a jackknifing truck may be partially responsible for the accident. Can that driver still receive compensation for their injuries?
They can, under certain circumstances. Texas has a modified comparative negligence statute. Under this rule, passenger vehicle drivers who are injured in a crash can still sue for compensation for their injuries, even if they are partially responsible. However, if they are found to be more than 50% at fault, they cannot recover compensation.
Additionally, Texas sets the statute of limitations at two years for personal injury lawsuits, including those involving motor vehicle crashes. This means that jackknife accident victims have two years from the date of the accident to file a lawsuit, and any failure to meet that deadline will bar the victims from getting justice.
Jackknife Accidents Can Be Devastating
If you or a loved one has been injured in a jackknife accident, you may be overwhelmed. Your injuries may be devastating or possibly life-threatening, and Texas law limits the time you have to file a claim for damages.
However, even if you’ve been found partially responsible for the accident, Texas’s modified comparative negligence statute allows you to seek partial recovery of your losses. Get in touch with an attorney today for a free consultation and learn about your best next steps.
Contact a Houston Personal Injury Lawyer to Help You With Your Claim
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
Attorney Brian White Personal Injury Lawyers – Houston
3120 Southwest Freeway, Suite 350
Houston, TX 77098
Attorney Brian White Personal Injury Lawyers – East Fwy
11811 East Fwy, Suite 630-06
Houston, TX 77029
Attorney Brian White Personal Injury Lawyers – South Loop
2600 S Loop W, Suite 293
Houston, TX 77054
Attorney Brian White Personal Injury Lawyers – Katy Freeway
11511 Katy Fwy Suite 515
Houston, TX 77079
Attorney Brian White Personal Injury Lawyers – Burnet
205 S Pierce St.
Burnet, TX 78611
Attorney Brian White Personal Injury Lawyers – Clear Lake
1300 Bay Area Blvd Suite B268
Houston, TX 77058
Attorney Brian White Personal Injury Lawyers – The Woodlands
1776 Woodstead Ct ste 203,
The Woodlands, TX 77380
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