Who Is at Fault for a Jackknife Truck Accident?
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Who Is at Fault for a Jackknife Truck Accident?
Liability for a jackknife accident may involve more than one party. Driver mistakes might trigger these collisions. Other parties that may share blame are the trucking company, cargo loaders, truck manufacturers, maintenance providers, or even government entities if road defects contribute. Determining fault involves a thorough investigation by law enforcement, insurers, and attorneys. The guide below shares the parties who may be at fault in a jackknife truck accident. Learn more about our truck accident lawyers here.
Potentially At-Fault Parties in a Jackknife Accident
1. Truck Driver
A truck driver might be held responsible for a jackknife crash if their actions or omissions caused the collision. Commercial vehicle drivers have a duty to drive safely and follow FMCSA regulations. If they breach this duty and cause harm, they may face liability. In many cases, trucking companies also share the blame because they oversee drivers and must enforce rules.
Below are common scenarios where a truck driver’s negligence might lead to a crash and financial responsibility.
Speeding or Aggressive Driving
Aggressive driving violates FMCSA regulations for commercial motor vehicle drivers. It includes tailgating, weaving between lanes, or ignoring signals. Such behavior often demonstrates a lack of reasonable care for safety. When speeding or aggressive actions lead to a crash, the injured party may pursue compensation from the driver. The trucking company might also share liability if it ignored past complaints or allowed a known reckless driver to stay on the road.
Distracted Driving
Distracted driving happens when truckers use phones, eat, or adjust navigation systems while driving. FMCSA regulations ban texting or using handheld devices on the road. Any such violation may trigger hefty fines for both the driver and the trucking company. If distraction causes an accident, the driver might be liable for injuries and property damage.
Impaired Driving
FMCSA regulations forbid operating commercial vehicles while under the influence of drugs or alcohol. Drivers must not drink within four hours of starting a shift, and any measurable blood alcohol concentration is prohibited on duty. Evidence such as breathalyzer test results (BAC exceeded 0.04%), receipts showing alcohol or drug purchases, and driver logs might help establish fault in this case.
If a driver was impaired and this caused the accident, both the driver and employer may be liable through vicarious liability.
Vicarious liability is a legal principle that may hold an employer responsible for harm caused by its employee. The worker’s negligence must happen while on duty and performing job-related tasks.
Skipping Cargo Inspections
Part of a safe trip involves inspecting cargo at least within the first 50 miles and rechecking every three hours or every 150 miles, whichever occurs first. This helps confirm that the weight is balanced and prevents shifting loads. If a driver fails to check and secure improperly secured cargo, they may be found at fault if the truck’s instability directly leads to a jackknife collision.
Missing Blind Spots
Large trucks have large blind spots, so drivers should check mirrors and use signals carefully before changing lanes. If a trucker ignores these steps and a collision happens, they may be held responsible for damages. In some cases, faulty mirrors can implicate the trucking company because of poor maintenance.
When a truck driver’s negligence causes a jackknife accident, victims may get compensation to cover medical bills, lost wages, and pain and suffering. A thorough investigation of driving records, vehicle maintenance, and potential substance use might be necessary to pinpoint where the fault lies.
2. Trucking Company
A trucking company may be at fault in a jackknife accident if it fails to hire qualified drivers or verify that drivers keep following safety rules. They must also maintain trucks and keep them in roadworthy condition. They may be held responsible if they do not monitor drivers’ logs or pressure a driver to violate hours-of-service limits.
Failure To Enforce Hours-of-Service Rules
Trucking companies must follow FMCSA’s hours-of-service (HOS) regulations, which set strict limits on driving time and require rest breaks to fight driver fatigue. These rules apply to commercial motor vehicles weighing 10,001 pounds or more and those transporting hazardous materials. If, for example, the driver was driving after their 11-hour driving limit under pressure from the dispatch team, the trucking company may be found liable. Proving such a violation may involve analyzing the driver’s records of duty status.
Ignoring Drug & Alcohol Testing Requirements
Federal rules under FMCSA (49 CFR Part 382) and DOT (49 CFR Part 40) require employers to ensure drivers undergo regular testing for alcohol and controlled substances. Employers must remove employees who have a verified positive drug test from safety-sensitive tasks immediately. If the trucking company ignored a positive drug test, it may be liable for any crash involving an impaired driver.
Neglecting Vehicle Inspections, Repairs, and Maintenance
Federal regulations obligate companies and equipment providers to inspect, repair, and maintain their fleets regularly. Tires, brakes, suspensions, steering, and other key systems must remain in good working order. The trucking company must track each vehicle’s service records for at least 30 days (and hold the records for six months after the vehicle exits the fleet). If a company disregards known mechanical flaws or skips maintenance, leading to a jackknife crash, the company may be held liable.
Negligent Hiring
Under FMCSA regulations, commercial truck drivers must meet several qualifications before operating a commercial motor vehicle. These include holding a valid, up-to-date medical examiner’s certificate, a proper license with required endorsements, and the physical ability and language skills to drive safely. They must also be at least 21 years old for interstate transport and cannot drive if disqualified or suspended for safety or other violations.
If a company hires someone who fails any of these criteria, it may open the door to liability for negligent hiring or retention if that driver causes a jackknife accident.
Establishing that a trucking company ignored HOS limits or maintenance rules may involve digging into electronic logs, inspection forms, and maintenance records. Such evidence is not always easy to access. A thorough investigation may require legal support to obtain documents and uncover violations.
3. Truck Manufacturer
A truck manufacturer may be considered liable for a jackknife accident if a part or system in the vehicle was inherently unsafe. Common problematic areas include braking systems, tires, steering components, mirrors, and coupling mechanisms – any of which could trigger a loss of control and result in a jackknife crash.
Below are several ways defective parts can contribute to collisions.
First, a part’s overall design might be flawed from the start, making a truck prone to malfunction even when assembled properly. Second, the manufacturing process itself may have been substandard, meaning otherwise safe designs became compromised because of poor workmanship or defective components. Third, if a product is sold without adequate warnings or instructions, the manufacturer could be at fault for failing to alert users to potential dangers.
Recalls also play a role in determining whether a manufacturer or distributor is responsible. If an engine or another component is subject to a known recall, the manufacturer is legally required to notify owners and repair the issue. Failure to effectively remove recalled trucks or parts from circulation may prove negligence.
To determine whether a manufacturer’s negligence contributed to a jackknife accident, you may require an expert examination of the vehicle, a review of recalls or technical service bulletins, and an analysis of the truck’s design.
Other Potentially Liable Parties
Cargo Loaders
Cargo loaders may also share liability in jackknife accidents if they fail to handle freight safely. If an overloaded truck or an improperly secured cargo shifted and caused the accident, then the loaders may be found at fault. Additionally, mistakes such as stacking freight at unsafe angles or ignoring established guidelines can significantly increase the chance of tipping or swerving. If a loader’s negligence contributes to a crash, the loading company might bear legal responsibility.
Government Entities
A government entity may be liable if its actions or oversights directly contribute to a jackknife accident. First, if a government-owned truck was involved and the driver was performing official duties, that entity could be responsible for any resulting injuries. Second, agencies must keep roads in a safe condition; failing to address major hazards like potholes, ice buildup, or other dangers might prove negligence. Lastly, if a poor roadway design or missing signage contributed to the crash, the responsible agency may share liability.
Maintenance Providers
If a third-party maintenance provider neglects critical tasks, such as replacing worn brake pads or repairing a failing suspension, it creates a potential risk for jackknife accidents. Outsourced providers are expected to follow safety standards for essential systems like truck frames, suspensions, wheels, and lights. Any lapse in attention to these regulations may place the maintenance provider at fault if the oversight contributes to a crash.
Assigning Fault
Jackknife truck accidents may involve multiple liable parties. Driver negligence, maintenance lapses, improper loading, or mechanical failures might all play a role. Insurance companies, law enforcement, and attorneys decide fault by examining driver logs, maintenance files, and physical evidence documented from the crash scene.
To hold someone legally accountable, the injured party needs to show these 4 things:
- Duty of Care: The driver, trucking company, or other party was expected to act safely.
- Breach of Duty: The party violated their duty through careless acts or by ignoring safety measures.
- Causation: The breach directly led to the jackknife accident.
- Damages: The crash resulted in actual harm, including injuries or financial losses.
An experienced attorney might help coordinate these efforts, protect your rights, and hold all liable parties accountable.
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