Commercial truck drivers have a duty to others while sharing the road and must operate their large vehicles with the utmost care. They are expected to drive responsibly to keep everyone around them out of danger. If a trucker breaches that duty and causes a crash, you may have a personal injury claim against them.
In some cases, jackknife wrecks are caused by the truck’s brakes or other system failures, and you may also have a claim against the manufacturer and trucking company. Get connected with our determined truck collision attorneys today to discuss your jackknife truck accident in Aurora.
How Does a Jackknife Truck Accident Happen?
Truckers learn special braking techniques to overcome jackknifing when their vehicle loses road traction, locks up, and becomes out of control. Although braking stops the cab, it does not affect the trailer, which swings sideways toward it, resembling a partially open jackknife. Trucker error is the main reason jackknife wrecks occur, including actions such as:
- Failing to adjust speed for inclement weather
- Using the wrong braking technique for the occasion
- Speeding
- Being distracted behind the wheel
- Driving while drinking or using drugs
- Exhaustion from exceeding allowable road hours
Commercial trucks carry black boxes that record how the systems are working, and truckers are tasked with keeping logs of hours driven each day and the results of maintenance checks. Our Aurora attorneys could use this evidence, as well as police reports and witness statements from a jackknife crash, to prove the at-fault party.
Proving Negligence in Tractor-Trailer Collisions
Manufacturers who equip a big rig with defective parts or systems can be strictly responsible for any damage caused by the defects, even if they did not do so negligently.
Our Aurora legal team could demonstrate that a trucking company or manufacturer acted irresponsibly by its direct or vicarious actions and caused a foreseeable jackknife accident that resulted in injuries.
The law determines negligence by applying the reasonable person test, in which the party did not act as a reasonable individual would have acted in a similar situation. A reliable attorney could gather evidence to show that the at-fault party’s actions or inactions fell below the standard of care expected in the given circumstances.
Potentially Recoverable Damages
Upon prevailing, plaintiffs are entitled to compensation for calculable injuries, such as medical care, lost wages, and property damage. They can also secure more subjective non-economic damages such as emotional distress, disfigurement, and loss of consortium.
Our hardworking lawyers consider the severity of a client’s injuries to determine how much compensation to pursue, either through an insurance settlement or a personal injury lawsuit.
Get in Touch with an Aurora Legal Professional to Fight for Compensation After a Jackknife Truck Accident
Jackknife truck crashes are often debilitating or deadly. Whether the driver was negligent, or the brakes failed, you may be entitled to damages for your injuries and losses. Our compassionate legal team is here to fight for your rights and help you receive the compensation you deserve.
Our dedicated personal injury attorneys understand the laws that govern trucking, including federal and state safety and insurance requirements. We could take applicable defendants to court if insurers fail to develop a suitable settlement.
Reach out to the Law Offices of R.F. Wittmeyer, Ltd. today for help after a jackknife truck accident in Aurora.