Jackknife Truck Accident Lawyer in Charlotte
Jackknifing occurs when a truck comes to a sudden stop, and the stop causes the back end of the truck to turn completely. The truck’s cab and the back end of the truck ends up being at a 90-degree angle. When a large truck jackknifes, anything in the truck's path will be hit. In some jackknifing accidents, especially those involving bad weather, truckers are not at fault for jackknifing accidents as long as they were acting reasonably under the circumstances. However, if inattentiveness, recklessness, or any other type of negligence caused the crash, the trucker can be held liable under North Carolina law.Recovering Compensation After a Jackknife Accident
Victims of jackknifing accidents can seek compensation through a personal injury lawsuit. To obtain compensation, the victims will need to prove several different elements. First, the plaintiff who brings the lawsuit must prove that the defendant owed him or her a duty of care. All drivers owe all other drivers, pedestrians, bicyclists, and anyone else on the road a duty to drive reasonably under the circumstances. Next, the plaintiff needs to prove that the truck driver breached his or her duty to act reasonably under the circumstances.
One or more people’s negligence causes most jackknifed truck accident cases. Negligence happens when someone breaches the duty of care. The plaintiff needs to prove that the defendant or defendants’ negligence caused the truck accident that resulted in their injuries. Finally, the plaintiff needs to prove that he or she suffered bodily injuries due to the jackknife accident. Common causes of jackknife truck accidents include the following:
- Distracted driving due to texting, eating, drinking, or staring out the window
- Driver fatigue
- Drug and alcohol use, particularly stimulants
- Reckless driving
- Lack of experience driving a commercial truck
When one or more of the factors above has happened, victims should immediately contact a North Carolina jackknife truck accident lawyer. Truck accidents are often caused by fatigued truck drivers who rush to meet their deadlines, disregarding their need for rest and putting others’ safety at risk.Who Can I Sue After a Jackknife Truck Accident?
When a large tractor-trailer truck collides with a passenger vehicle, the passenger vehicle occupants typically suffer the most serious injuries. After the accident, victims may blame the truck driver, but there could be one or more different parties who are at fault for the accident. After a thorough investigation into the facts of your case, Arnold & Smith, PLLC, will determine who is at fault for your injuries. With the help of one of our jackknifed truck accident lawyers, you may be able to hold one or more of the following parties legally responsible for your injuries:
- Truck owner
- Trucking company
- Cargo loading company
- Truck manufacturers
- Maintenance company
When a jackknifed truck accident occurs due to mechanical error or cargo being loaded incorrectly, the inspector, manufacturer, or cargo loading company can be held liable. It is the inspector’s responsibility to ensure that the truck is safe to be operated on the road. When the inspector fails to use reasonable care during the inspection and fails to notice a dangerous condition that causes the crash, the inspector is liable. Likewise, suppose the truck driver or trucking company fails to ensure their trucks are regularly maintained, and the truck’s failure causes the accident. In that case, victims can hold the trucking company liable for their injuries.
Trucking companies have an obligation not to engage in negligent hiring. Truck drivers are responsible for driving massive vehicles. As such, trucking companies should use reasonable care when they hire employees. They need to hire drivers who do not have any red flags in their driving records, such as convictions for driving under the influence or speeding. They should also hire people they reasonably believe will adhere to North Carolina traffic laws in federal regulations regarding commercial trucking. Unfortunately, many trucking companies place profits over safety. In doing so, they put the lives of North Carolina motorists in danger. When a company’s negligence results in a severe injury, the victim has a right to hold the trucking company responsible for its actions.Contact an Experienced Charlotte Accident Lawyer Today
If you are seeking compensation after your injuries, you should take action as soon as possible. Contact the skilled personal injury lawyers at Arnold & Smith, PLLC, to schedule your free initial consultation.