Yes, you can sue a trucking company for a jackknife crash if either the driver or the company acted with negligence in a way that caused the collision. This can include failing to train drivers, maintain vehicles, or drive safely.
Trying to file a lawsuit against a trucking company for a jackknife crash can be hard to carry out on your own. However, the sooner you call a Charlotte truck accident lawyer, the more time your attorney will have to work on your case and fight for a favorable outcome for you.
What Makes a Jackknife Crash So Serious?
A jackknife crash happens when a large truck’s trailer swings out at an angle and forms a sharp V shape with the cab. These accidents are dangerous for many reasons, but specifically, they block multiple lanes of traffic. It’s also common for them to involve multiple vehicles at once.
If you were hurt in a crash of this kind, you’re already aware of how chaotic and frightening these incidents can be. From a legal standpoint, jackknife crashes often involve multiple parties, including the truck driver, the trucking company, maintenance crews, and manufacturers.
From there, the process of determining what went wrong requires a detailed investigation, which is where an attorney will make all the difference. Your lawyers will investigate the crash, gather all available evidence, and work on uncovering whether negligence played a part.
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When Can You Sue a Trucking Company After a Jackknife Accident?
In many cases, you can sue a trucking company if the company engaged in negligence that contributed to the crash. Trucking companies can be held responsible under the following legal theories:
- Vicarious liability: This means an employer can be held accountable for the actions of its employee while they are on the job and actively performing work-related duties. In other words, if a truck driver caused the crash while on the clock, the company they work for can be partially liable as well.
- Direct liability: These are situations where the trucking company itself acted negligently. For example, let’s say it failed to properly train its drivers, encouraged unsafe schedules, or ignored maintenance issues. In these instances, the business might be found directly responsible for the accident.
However, proving that negligence contributed to the incident is where matters often get complicated. Your legal counsel will focus on identifying these factors and building strong claims that show exactly how the company’s actions led to harm on your end.
What Causes Jackknife Accidents?
Understanding what caused the crash is an important aspect of any claim. Jackknife accidents often happen for a number of reasons, including the following:
- Braking suddenly or improperly
- Speeding, especially in poor weather
- Operating a truck while fatigued
- Loading cargo improperly or in an unbalanced way
- Encountering mechanical failures, like brake issues
Each of these causes can point to a different responsible party. For example, if a truck was overloaded or loaded improperly, a third-party cargo company could be involved. If the brakes failed, maintenance records and inspection history become pieces of evidence.
Your attorney will analyze records, consult with professionals, and figure out what really happened. These actions are important when it comes to dealing with insurance companies that try to shift blame onto you or minimize what you’ve been through.
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How Do North Carolina Laws Affect Your Case?
North Carolina has laws that can impact your ability to recover compensation, specifically the contributory negligence rule. Under this rule, if you are found even slightly at fault after an accident, you might end up being prevented from recovering compensation altogether.
Insurance companies know this, and in response, they usually try to use this information to their advantage by placing blame on victims instead. This is why having strong legal representation is so important.
They can protect you from unfair blame by building a case that clearly shows where the responsibility lies. Additionally, federal trucking regulations that apply to commercial drivers and companies cover everything from driving hours to vehicle maintenance.
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Call DeMayo Law Offices for Help Understanding if You Can Sue a Trucking Company for a Jackknife Crash
Now that you know that you can sue a trucking company for a jackknife crash, it’s important to contact DeMayo Law Offices to meet lawyers who can prove negligence on your behalf. As a law firm founded in 1992, we’ve represented over 125,000 clients in situations like yours.
We take our core values seriously. While striving to make a meaningful impact, we operate with a strong emphasis on accountability and compassion. That’s why we only take cases where we know our work can truly make a difference.
With a reputation as being Your North Carolina Law Firm™, our focus is always on People Over Profits™. Together, our attorneys have recovered more than $1 billion in compensation. With more than 250 years of combined experience, we’ll fight for a favorable outcome for you.
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