Truck accidents often lead to serious injuries for drivers, passengers, and even bystanders. Jackknife crashes, which involve a tractor-trailer flipping to obstruct a wide area, can affect a wide range of victims. The truck accident attorneys at the Law Offices can help individuals in Miami and the surrounding cities who have bee involved in a jackknife accident. We are dedicated to asserting the rights of victims against those responsible for creating dangerous situations and causing their injuries.Common Factors in Jackknife Accidents
Jackknifing occurs when a tractor with an attached trailer skids, which causes the trailer to rotate the tractor so that it is facing in the opposite direction. Because of the truck’s position in these types of accidents, it is often difficult to move it out of the road quickly. As a result, other drivers may not have time to stop or maneuver around the scene, leading to further destruction. An array of factors can contribute to a jackknife accident, including:
- Excessive speeding;
- Sudden braking;
- Inclement weather, such as rain, fog, snow, or windy conditions;
- Driver error; or
- Improper maintenance or adjustment of a truck’s brakes following shifts in the trailer’s load.
Multiple parties are often involved in these large-scale accidents, making the scene of the collision hectic. Seeking immediate medical attention should be the first focus for victims injured in a jackknife accident. Following such treatment, it may also be important to contact an attorney who can assist victims in determining what their legal rights are and what steps they should take.Seeking Compensation for Your Injuries from a Trucker or Trucking Company
If you have been injured in a jackknife accident, you may be able to pursue damages from any at-fault parties by filing a personal injury lawsuit. In these claims, the legal theory that needs to be established is generally that of a defendant’s negligence. To prove negligence, a victim first needs to show that he or she was owed a duty of care and that it was breached by the defendant’s actions. Anyone who operates a motor vehicle has a responsibility to handle it safely in order to avoid posing foreseeable risks of harm to others. Moreover, commercial drivers and their employers are expected to comply with the numerous federal and state regulations that govern their industry.
It must also be shown that the breach caused the victim’s injuries and that actual damages were sustained as a result. For instance, a driver who fails to adjust a truck’s brakes to account for an empty trailer may be found negligent if the brake failure was the direct cause of a jackknife accident. If liability can be shown, a victim may be able to receive compensation for both objective and subjective costs and losses, such as hospital bills, the costs of future treatment, pain and suffering, repairs to a vehicle, and loss of income and earning capacity.
In many cases, a trucking company may be held responsible for the careless conduct of a driver even if the company was not independently negligent. Under the theory of vicarious liability, the actions of an employee may be attributed to his or her employer if he or she was acting in the scope of the employment relationship at the time of the careless behavior. Trucking companies sometimes also may be sued under theories of direct liability, such as negligent hiring or supervision. This may be an option when an accident results from a company policy or personnel decision that would have been considered careless or reckless in the circumstances.Explore Your Options with a Truck Accident Attorney in Miami
If you or a loved one has been injured by the carelessness of a truck driver or company in the Miami area, you can enlist the motor vehicle collisions at the Law Offices to assist you in determining your legal options. Our firm offers representation from the initial investigation through settlement negotiations and the duration of any necessary litigation. We also can assist accident victims in Fort Lauderdale and other cities across Broward, Miami-Dade, and Palm Beach Counties. Call (877) 499-4878 or contact us online to schedule a free, no-obligation consultation.