​What Causes a Truck to Jackknife?

Articulated trucks such as 18 wheelers, tanker trucks, and car carriers are inherently prone to jackknifing, in which the tractor unit skids and travels at a different angle than the trailer unit it tows. A jackknifing truck may slide across the highway and crash into other cars or objects. If you or a loved one have been involved in a jackknife truck accident in Orlando, it’s important to seek legal help from an experienced Orlando truck accident lawyer.

A jackknifing truck may slide across the highway and crash into other cars or objects. Jackknife accidents may leave a trail of devastation, including multiple people who have suffered life-altering injuries. Trucks can jackknife for numerous reasons. Each possible cause of a jackknife truck accident may indicate different parties’ fault for the crash or liability for the injuries and losses suffered by accident victims.

You need more information if you suffered injuries due to a jackknife truck accident. What and who caused these accidents might affect your options for recovering compensation for your accident-related injuries and losses.

What Is a Jackknife Accident?

A jackknife accident is a truck accident in which an articulated truck trailer swings toward the truck cab. The cab and trailer fold in on one another like the folding motion of a pocketknife. When a truck jackknifes, the truck driver will lose control of the vehicle, potentially colliding with other cars on the road as the trailer swings into other traffic lanes. A jackknifing truck may also roll over or spill its cargo into oncoming traffic, worsening the accident.

Jackknife Truck Accident Statistics

According to the Florida Department of Highway Safety and Motor Vehicles, Florida saw a total of 437 jackknife accidents in one recent year.

These accidents included:

• 7 accidents that caused incapacitating injury
• 26 accidents that caused non-incapacitating injuries
• 67 accidents that may have caused possible injuries
• 337 accidents that resulted in no injuries or property damage only

Nationwide, the Federal Motor Carrier Safety Administration reports that jackknife accidents in one recent year accounted for:

• 169 fatal crashes
• Approximately 1,000 injury crashes
• About 4,000 property damage only crashes

Common Causes of Jackknife Accidents

Many incidents of jackknifing occur due to a truck driver’s negligent or reckless operation of their vehicle.

Common causes of truck accidents include:

• Speeding
• Reckless driving
• Improper operation over a banked curve
• Excessive or improper braking, especially when traveling up or down inclines
• Failure to maintain truck brakes and tires, which could lead to a catastrophic malfunction such as a tire blowout or a brake failure
• Improper loading of cargo, including failing to balance or secure the cargo load
• Taking a turn at too high of a speed
• Truck driver inexperience with articulated vehicles
• Operating on streets too narrow for an 18 wheeler
• Truck driver drowsiness or fatigue
• Distracted driving
• Driving under the influence of alcohol or drugs

Road factors can also cause or contribute to jackknife accidents, including potholes, broken pavement, and slick road surfaces from heavy rain.

Common Injuries in Jackknife Truck Accidents

Like all truck crashes, jackknife truck accidents can cause serious or potentially life-threatening injuries, such as:

• Lacerations and excessive bleeding
• Degloving injuries
• Burns and smoke inhalation injuries from post-crash vehicle fires
• Broken bones
• Dislocated joints
• Ligament sprains or tears
• Muscle/tendon strains or tears
• Herniated spinal disc injury
• Whiplash
• Nerve damage
• Crush damage
• Traumatic amputation or limb loss
• Internal organ injuries and bleeding
• Spinal cord injuries and paralysis
• Traumatic brain injuries

Who Is Liable for a Jackknife Accident?

One or more parties may have responsibility for causing a jackknife accident, including:

• The truck driver. A truck driver’s negligent vehicle operation can cause a jackknife. If they are an independent contractor, they may be liable for a subsequent accident.
• The trucking company. A trucking company may have employer liability for their truck driver’s negligence, or the company may have direct responsibility for a jackknife accident caused by inadequate vehicle maintenance or insufficient truck driver training.
• The cargo/freight company. Improper loading of a truck trailer by the cargo company may cause the truck to jackknife due to imbalanced cargo or unsecured cargo that shifts during travel.
• Third-party mechanics. Mechanics working on the truck may be liable for a jackknife accident caused by negligently performed maintenance work.
• The truck/trailer manufacturer or part manufacturer. A truck or auto part manufacturer may be liable for a jackknife accident due to a tire or brake malfunction.

How To Prove Fault for a Jackknife Truck Accident

Various types of evidence can help prove what caused a truck to jackknife.

Examples of evidence commonly used in jackknife accident claims include:

• The truck driver’s hours-of-service logs. Hours-of-service logs can help prove a truck driver’s fatigue or drowsiness at the time of the crash.
• The truck driver’s cell phone logs. Cell phone records may indicate that distracted driving caused the accident.
• The truck driver’s drug/alcohol test results. A truck driver may take a drug/alcohol test after a jackknife accident to detect possible intoxication.
• The truck’s event data recorder (black box) logs. Many trucks have a device similar to an airplane’s black box that records data about the truck’s operation, such as speed, braking/acceleration, and steering inputs.
• The cargo/freight manifest. The load manifest may show whether an imbalanced or unsecured cargo load caused the truck to jackknife.
• The truck’s and trailer’s inspection and maintenance records. These records may help prove whether inadequate or deferred maintenance may have caused a mechanical failure that led to the jackknife accident.
• Surveillance/traffic camera footage and eyewitness testimony. Video footage and witness statements can show what occurred in the moments before a jackknife accident.
• Police accident reports. Law enforcement investigations of a jackknife truck accident may uncover evidence of the cause of the crash. The investigating officer may also assign fault for the head on truck collision based on their evaluation of the evidence.
• Accident reconstruction reports. Accident reconstruction experts can offer opinion testimony through written reports and recreations that depict what occurred in the jackknife accident.

What Steps Should You Take After a Jackknife Accident?

You can take steps to protect your legal rights after suffering injuries in a jackknife accident caused by someone else’s negligence.

After a jackknife truck accident:

• Get insurance and employer information from the truck driver, as well as insurance information from any other motorists involved in the accident
• Take photos and videos of the crash scene, including details such as vehicle damage, skid marks on the road, traffic controls, and weather/road conditions
• Report the accident to law enforcement and make sure to request a copy of the police accident report
• Report the crash to your auto insurance provider as soon as possible to preserve your right to file a claim for truck accident coverage benefits
• Seek prompt medical attention to have your injuries diagnosed and begin medical treatment
• Follow your healthcare provider’s treatment recommendations and instructions
• Keep copies of bills and invoices for expenses you incurred due to the accident, such as vehicle repairs or medical care
• Gather your medical records and your pay stubs/income statements if you miss time from work due to your injuries
• Avoid posting on social media during your treatment and legal claim, especially about the accident, your injuries, or your case. Refrain from posting or tagging yourself in photos and videos while treating or rehabbing the injuries you suffered in the accident
• Start a journal or diary to keep a record of the physical pain and difficulties with daily life you experience due to your injuries
• Finally, speak with a truck accident attorney as soon as possible to discuss your legal options for recovering compensation from a negligent truck driver or trucking company.

Compensation Available After a Jackknife Truck Accident

After suffering injuries and vehicle damage in a jackknife truck accident, you may have the right to pursue legal claims to recover compensation for your expenses and losses.

A financial recovery in your jackknife truck accident claim can pay for your:

• Vehicle repair expenses or reimbursement of the value of your totaled vehicle
• Repair or replacement costs of other damaged or destroyed property of yours
• Medical treatment and rehabilitation expenses, including surgeries, hospitalization, prescription pain medication, doctor’s office visits, and physical/occupational therapy
• Costs of long-term care and support services you may need for permanent disabilities that result from your injuries
• Lost income due to missing time from work while you recover from injury
• Lost future earning capacity and employment benefits if permanent disabilities render you incapable of returning to your job or doing other kinds of work
• Physical pain and suffering
• Emotional trauma and distress

Florida law requires all car insurance policies for vehicles registered in Florida to include personal injury protection (PIP) coverage. PIP coverage can provide money for medical care and reimbursement of lost income incurred due to accident injuries. If you have expenses or losses not covered by PIP, you may also have the option of pursuing legal claims against liable parties such as the truck driver and the trucking company.

Frequently Asked Questions About Jackknife Accidents

Those injured in jackknife truck accidents often have questions about their legal rights and how to pursue justice. Here are the answers to some of their most pressing ones.

How Long Do I Have to File a Lawsuit for a Jackknife Truck Accident?

Under Florida Statutes Section 95.11, you normally have four years after a jackknife truck accident to file a lawsuit against a negligent truck driver or another liable party.

Filing a lawsuit after this four-year deadline expires will likely result in the dismissal of your case. If that happens, you could lose your right to recover compensation for your injuries through the court system. For this reason, you should not delay talking to a truck accident lawyer. They can protect your options for pursuing money and accountability from responsible parties after a truck accident.

How Much Time Will It Take to Recover Compensation After a Jackknife Accident?

Truck accident claims can take anywhere from a few months to a few years to resolve. No one can accurately predict how long you may need to wait to recover compensation after suffering injuries and losses from a jackknife truck accident.

Multiple factors will influence the timeline of your case, including:

• The severity of your injuries
• The duration of your medical recovery
• Whether you suffer any permanent disability due to your injuries
• The number of other victims in the accident
• The number of at-fault or liable parties in the case
• Whether you share any fault for causing the accident
• The amount and complexity of the evidence in the case
• The extent of insurance coverage and other financial resources of the liable parties
• The strength and persuasiveness of your legal claim
• Whether you file a lawsuit in your case
• The case schedule imposed by the trial court

Should I Talk to the Trucking or Insurance Company After a Jackknife Accident?

You should always refrain from speaking to trucking or insurance company representatives or agreeing to provide a written or recorded statement until you have first consulted a truck accident attorney.

Insurance adjusters and company representatives will want to ask you questions designed to get you to make statements that the trucking company or insurer can later use to undervalue or deny your truck accident claim. These statements may include those that tend to minimize the severity of your injuries or that the insurance company could construe as an admission of fault.

Let your attorney handle speaking with the trucking company or its insurer after a jackknife accident. Your lawyer can look out for your interests and negotiate a resolution of your compensation claim.

What Rights Do I Have if I Bear Partial Responsibility for Causing the Truck to Jackknife?

In some cases, a truck may jackknife because the truck driver makes a sudden maneuver in response to a careless or reckless maneuver by another driver. For example, a truck driver may swerve to avoid colliding with a driver who cuts them which causes the truck to jackknife.

If you bear partial responsibility for a jackknife truck accident, Florida law still allows you to pursue compensation for your injuries and losses. However, the more fault ascribed to other parties, the more compensation you stand to recover. An experienced truck accident lawyer understands this dynamic and how to leverage it to their clients’ advantage.