What Causes a Truck to Jackknife & How It Can Be Avoided

Are You the Victim of A Jackknife Accident?

Any crash is frightening, but crashes with big trucks are probably the scariest. According to the Federal Motor Carrier Safety Administration (FMCSA), over 37,000 people lost their lives on America’s roads in 2016.

Four thousand five hundred sixty-four of those deaths involved big trucks or buses. Large trucks and buses accounted for 12% of those fatalities, and speed was a factor 61% of the time.

Only 16% of the people killed were actually occupants of the trucks; the rest of the deaths were occupants of smaller vehicles, such as passenger automobiles.

Some big truck accidents are worse than others. Jackknife accidents involve 18-wheelers and are a particularly dangerous kind of accident.

Semis can weigh a lot: Arizona commercial truck regulations allow a big truckload to weigh up to 80,000 pounds, and oversize loads can go up to 250,000 pounds.

If you or a loved one has suffered injuries in a jackknife accident, a truck accident lawyer may be able to help you.

Trucking Accident​

What Is a Jackknife Accident?

Hopefully, if you have ever witnessed one of these accidents, it was from a distance. You may have seen the beginning of a jackknife accident, where the driver seems to be losing control, and the trailer swings out to the side.

Most of the time, the driver regains control, and the tractor-trailer straightens out, and the driver goes on safely.

At other times, the truck continues to swing out to the side. At some point, the weight becomes too much, and it becomes impossible for the driver to recover control of the 18-wheeler.

Because of the way they are put together, the truck looks like a giant pocket knife as it is folded in upon itself.

Before you know it, the truck is blocking every lane of the highway, and any other vehicle approaching at highway speed will not be able to stop. If you are one of the unfortunate people driving in that direction, you will become one of the latest victims of a jackknife accident.

What Causes Jackknife Accidents?

The three main causes of jackknife accidents involve driver error, improper maintenance, and poor road conditions. Specifically, here are some of the common causes of truck accidents:

High Speeds

Because of their size and weight, high speeds are especially deadly for large trucks. No matter how good a driver someone is, the laws of physics will be the deciding factor in an accident.

According to FMCSA, a fully loaded semi-truck traveling at highway speeds will take nearly two full football fields to stop. When drivers try to meet deadlines or simply become impatient, they may break the important rules regarding highway speeds.​

If speeding drivers see an obstruction in the road or get cut off in traffic, they may be forced to slam on their brakes, causing the truck to jackknife.

Improper Brakes

Big trucks need to have their brakes adjusted properly and be regularly maintained because the drivers of these large behemoths need to be able to depend on their brakes to function properly every day.

If the brakes are not adjusted correctly, the trailer axles may lock before the tractor axles. If this happens, improper braking will lead to the semi dragging the trailer instead of rolling it along, causing the trailer to swing out to the side.

Driver Fatigue

Truck drivers have rules about how long they are allowed to drive without taking a break, and there are federal laws requiring them to keep logs so they can prove they are getting enough rest. For instance, truckers can only operate for 11 hours straight out of a 14-hour workday.

Even so, they drive for long hours and during the late hours of the night, causing many big truck drivers to suffer from fatigue and even fall asleep while driving.

Unfortunately, the trucking companies often encourage their drivers to break the rules to get the products where they need to be on a tight schedule.

Driver Inexperience

You may have seen the ads for new semi-truck drivers, with promises for good money right away.

While big truck drivers are required to get a special license before getting out on the road, the truck companies often give them the minimum training possible before sending them out on their own.

A semi-truck is a big responsibility, literally and figuratively, and new drivers are often out on their own before they have the experience to deal with all the situations they are likely to encounter on their own.

Sharp Curves

Especially when coupled with high speeds, sharp curves are a recipe for disaster. The closer a curve gets to a 90-degree angle, the harder it is for even small vehicles to maneuver.

When drivers are trying to get around tight curves while moving too fast, it can cause part of the truck to swing out, leading to a chain reaction where the driver loses control.

Wet Roads

No matter where someone drives in the United States, there is likely to be wet pavement at some point.

Whether rain, snow, or ice, big truck drivers need to know how to deal with all kinds of weather conditions.

Even a small skid can lead to a loss of traction, and being tired or inexperienced will make it even more difficult for drivers to deal with slippery roads, leading to jackknifing and dangerous crashes.​

What Should You Do If You Or a Loved One Is In a Jackknife Accident?

After you get over the shock of being in a jackknife truck accident, you need to take stock of the situation. Even if your injuries are minor, your car is probably totaled.

If you are the victim of a jackknife accident, you may be eligible for compensation for all of the damages and injuries you suffer because of the accident.

These include but are not limited to:

The average semi-truck accident settlement will take into account all of the factors involved in a particular crash, and every truck crash is different. Truck companies are responsible for their drivers, and if they are at fault, you deserve compensation.

Your truck accident attorney will work with investigators and other members of the law firm to get the evidence you need to build your case.

Not only that, but a personal injury attorney will work hard on your behalf without expecting any money upfront so you can get the help you deserve. Call today for a free consultation on your case.

[Average] Settlement Value of a Semi Truck Accident Injury Case

Accidents with big trucks are different from those with smaller vehicles. Because of their size and weight, big trucks can cause an enormous amount of damage, resulting in a high toll in physical suffering and a higher than normal amount of monetary damages. Smaller cars may be unrecognizable after being hit by a larger truck, while the truck suffers a relatively small amount of damage.​

The height of a semi-truck is also dangerous for vehicles, although there is an attempt to make the bigger trucks safer by installing rear underride guards. The guards would keep the bigger truck from driving right over the smaller vehicle.

The average semi-truck accident settlement will be based on several factors, depending on what kind of damages were incurred and who was at fault. You will want to keep good records as you go along to make sure you can document any expenses or treatments if you need to prove them later. Your settlement after a crash can include both present and future damages if you can prove them. For a full analysis, talk to a truck accident lawyer, otherwise, here are some factors to consider.

1. Liability

Arizona has a comparative negligence rule, meaning you can recover even if you were almost entirely at fault. Like with any other liability case, you need to prove that the person at fault breached a duty of care and that that breach was the cause of your injuries/damages. The duty other motorists owe to other drivers is simply to be careful and follow the rules of the road.

Assessing Damages

If you were 99% at fault but the other party was 1% at fault, you can still recover that 1% in damages if you were the one injured in the accident. The total damages are added up, and then you can get 1% of the total. The total damages will include any reasonable expenses that came from the accident, from vehicle repair to rental car reimbursement to time off from work.

It is best not to consider any settlement offer until you know how much your medical bills are going to be, so you should usually wait until you have been released from your doctor’s care before accepting a settlement. Once you accept a settlement, you can’t ask for more money later.

Who Is At Fault?

Sometimes it is obvious who is at fault in an accident, but other cases are harder to determine. It is always better not to admit fault until an investigation is complete, and you can always feel free to contact an attorney if you are worried or have any questions.

In Arizona, you can get an unbiased law enforcement officer to come to the scene. The officer will take notes about where the vehicles are damaged, where the impact occurred, the road conditions, weather, and everything else. You can get a copy of the accident report the officer makes, which will also have all the drivers’ information, including insurance and contact information. Witness information might also be important, so you can ask for numbers yourself or get help from the report.

The stronger your case, the better your chance of a high settlement offer from a big truck company. If the initial investigation puts you at fault, you may be facing a low hit by a semi-truck settlement offer or no offer at all.

2. Medical Expenses

Even with the enormous amount of physical damage a big truck can cause, medical expenses will likely be the largest source of damages if there is a serious crash. Your medical expenses will include your original treatment along with any medication, all follow-up treatment, and anything else you reasonably needed to recover. You could ask to recover expenses for your ambulance ride, crutches, and your chiropractic adjustments.​

Depending on what kinds of injuries you suffered, you could be looking at years or a lifetime of medical bills. Some injuries are permanent, and all you can do is agree to a price on how much the injury is worth. Because of the size of the semi, it isn’t unusual for someone in an accident with one to suffer life-altering injuries. In those cases, you can also ask to be compensated for other related losses. For instance, if you work with your hands and lost the use of your hand, you may need to change careers.

Your commercial truck accident settlement should include all the medical expenses you have incurred, along with an estimate of how much you will need to pay in the future. In order to present this information, you will probably need to get a specialist to show a plan for future treatment.

3. Physical Damages

These are the first and most obvious damages, and they will probably also be the easiest to assess. If the damage is too great, the insurance company will probably “total out” your car. That means they will come up with a number of how much they will pay you for your vehicle, which is usually the Blue Book Value.​

The insurance company will take into consideration what kind of shape your vehicle was in already. While the rules are pretty clear cut, it still never hurts to advocate for yourself, especially if you are the victim, and don’t forget to ask for rental car reimbursement if you had to use a rental because of the crash.

4. Lost Wages

Most people think they can only ask for compensation for the time they missed from work right after the accident. You can also ask to be compensated for the time you need for follow-up treatments, and for any wages, you will miss in the future because of your injuries.

If you were injured badly enough, you might have impaired earning capacity. You may not be able to work as much as you used to, and/or you may no longer be able to do the job you did before you were in the crash. Some people can never go back to work. You deserve compensation if your livelihood is interfered with in this way.

Some people didn’t make much before the accident, but they still deserve compensation just as much as people who used to earn a lot. You should be compensated for the number of wages you have lost, and you and your attorney can work to figure out the most accurate number to ask for.

5. Pain and Suffering

One of the other biggest factors in an average settlement for 18 wheeler accident is the compensation for pain and suffering. This is the area where you will take other factors into account, most of which are more objective than the others. How much actual suffering did you go through? How much time will you need to recover? Are there other people who depended on you before the crash, who will no longer be able to get the care they received before?

An attorney with the right experience will easily be able to help you identify all the areas where you may be suffering now, or where you or your family will suffer in the future. You need to take all these factors into account before considering a reasonable settlement.

Have You Been in a Truck Accident?

Skousen, Gulbrandsen & Patience, PLC has been assisting clients in the Mesa, AZ area for over half a century. We understand how difficult it is to be in a serious accident, and we help our clients navigate the legal process so they can get the compensation they need and deserve. You shouldn’t have to deal with the added stress of navigating a legal maze when you are trying to recover and move on from the accident.

Our competent and compassionate Personal Injury Attorneys and Auto Accident Lawyers treat each case with importance. Our cases include Motorcycle Accidents, Serious Injuries, Dog Bites, Criminal/DUI, and Medical Malpractice cases. We are a personal injury law firm that strives for a higher standard of excellence and our results speak for themselves. Personal Injury Lawyer Firm Skousen, Gulbrandsen & Patience, PLC. also known as SGP Law assists those throughout the Phoenix metropolitan area in legal need for serious injuries.

Arizona State and Federal Trucking Laws & Regulations

Every state has commercial trucking laws to protect other motorists on the road.

In Arizona, truckers must follow several state and federal regulations pertaining to the amount of time they can spend behind the wheel, the maximum weight they can haul, the maximum size of the truck, and more.

If you are injured in a semi-truck accident, our Mesa truck accident attorneys thoroughly investigate the incident to determine whether any laws were violated and where to place liability so we can fight for the compensation you deserve. Arizona trucking laws and federal trucking regulations are difficult to navigate. This is why you need an experienced truck accident lawyer at your side to investigate failures to follow the most basic transportation laws, including the following.

Hours of Service Rule

Under federal law, a truck driver can only operate their vehicle for a maximum of 11 continuous hours in a 14-hour workday. Then they must rest for 10 continuous hours before getting behind the wheel. The operator may not drive after 60 hours on duty in seven consecutive days, or after 70 hours on duty in eight consecutive days. They may restart the seven or eight-day period only after taking 34 or more hours off duty. Other rules apply to short-haul drivers or trucks that have two drivers and a sleeper cab.​

These laws are designed to prevent truck driver fatigue. Most commercial truck drivers are paid by the mile, incentivizing drivers to go as far as they possibly can each day. However, some drivers stay behind the wheel for longer than is safe. Combine driver fatigue with employer-mandated quotas and you can see how an accident can occur. Drivers must follow the hours of service rules set by the federal government. If you were injured in an accident where these regulations were violated, your case will be tried in a federal court rather than a state court. Both the driver and their employer can potentially be held negligent depending on the conditions of the accident and the details evidenced in the driver’s logbook.

Weight and Size Regulations

Arizona legal trucking loads are as follows:

Oversize shipping and Heavy Loads require a permit from the Arizona Department of Transportation, though they still must meet these restrictions:

Quality Control of the Vehicle

Commercial vehicles are regulated by state and federal governments as pertains to their manufacturing and repairs to ensure a high level of quality control. If your truck accident was the result of a defective part or equipment failure due to improper maintenance, you may have a claim against the manufacturer, supplier, or maintenance facility of the truck under product liability laws.

Commercial Licenses

If a truck driver is involved in an accident and is found to be lacking the proper license, both the owner and operator may be liable.

Hazardous Waste

There are several regulations in place governing the transport of hazardous materials. If you are in an accident with a truck hauling fuel, chemicals, or other HAZMAT, and the driver did not follow those regulations, you will need to hire a personal injury accident attorney to discuss filing a claim against all liable parties.

If you or a loved one has been injured in a trucking accident in Arizona, please call the Mesa personal injury attorneys at Skousen, Gulbrandsen & Patience, PLC for a free consultation. We will fight for compensation for your medical expenses, pain, and suffering, lost wages, lost earning capacity, and any other special damages.