Legal Remedies for Jackknife Accidents
Most jackknife accidents occur because of a defect in the road, poor weather, or a blown tire. However, these are not the only causes of these accidents, which can also be attributed to driver error, or even another motorist’s negligence. This can make determining who is responsible for an accident extremely difficult, which in turn, can significantly impact a person’s ability to recover damages for his or her accident-related losses. For help determining the cause of your own collision with a commercial vehicle, please contact one of our experienced Fort Lauderdale truck accident attorneys today.
Although jackknife accidents, like any other type of collision, can happen for a variety of reasons, there are a few factors that are usually present when dealing with this type of accident, including:
- Poor road conditions, which could include everything from wet pavement and potholes to crumbling asphalt or debris on the roadway itself;
- Heavy traffic, which can cause drivers to attempt to brake suddenly;
- Driver error;
- Poor weather conditions, which could lead to the roadway becoming slick and can also impede visibility; and
- Vehicle defects, such as the sudden failure of the braking system.
In some cases, the cause of an accident can be linked not to anything that a truck driver did or did not do, or even to the truck itself, but to another motorist on the road. When this occurs, determining who was at fault for the accident becomes especially important.
Florida is a comparative liability state, which means that the amount of compensation that a person can recover in damages is directly proportional to the parties’ degree of responsibility in causing the accident. This is true even if a plaintiff was partially responsible for the accident, although the amount that he or she can recover will be reduced by his or her degree of fault in causing the collision. With jackknife accidents, more than one party is almost always involved in causing the crash, so it is often necessary for plaintiffs to identify all of the liable parties, which could include:
- The truck’s driver;
- Another driver on the road;
- A vehicle manufacturer, if a defect contributed to the accident;
- The city, if it failed to ensure that the roads were properly maintained; or
- The truck driver’s employer.
In some cases, when the fault of one party is clear, that individual or entity’s insurer will enter into settlement negotiations with the injured driver. Unfortunately, the settlement offers made by insurers are often far too low and would leave injured parties struggling with the majority of their damages on their own. When this happens, a plaintiff’s best bet is often to file a claim against all of the at-fault parties in court, seeking compensation for lost wages, medical expenses, property damage, and pain and suffering. Retaining an attorney who can represent the plaintiff during these proceedings plays a key role in that individual’s likelihood of success, especially when multiple parties are involved.
Experienced Truck Accident Attorneys
The dedicated truck accident lawyers at Boone & Davis have helped countless plaintiffs recover compensation for their accident-related losses. To learn more about how we can help you with your own claim, please call us at 954-566-9919 today.