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Few things are as frightening as watching a semi-trailer swing sideways in front of you. One moment, everything’s normal. The truck is moving straight ahead as always. Then suddenly, its trailer is folding in toward the cab, cutting across the interstate like a knife. What happens next can be life-changing and profoundly tragic.
If you were hurt in a crash like this on a Washington highway, unanswered questions may compete with worries in your head. You may think about what you could have done differently. You’ll think about who was to blame. Was it the driver? The trucking company? A mechanic who skipped a required brake repair?
A Washington jackknife truck accident lawyer at Brett McCandlis Brown & Conner can help answer those questions and pursue compensation you may be entitled to recover. This guide explains how jackknife crashes happen. It also explores who can be held liable and what your claim may be worth.
The name comes from the shape that a truck forms. When a tractor-trailer jackknifes, the trailer swings outward and folds against the cab. The result is a sharp “V” or “L” that resembles a folding pocket knife.
Here are the mechanics behind the failure. A truck’s trailer connects to its cab through a link point called the fifth-wheel coupling. Keep in mind that the trailer has no steering of its own. It follows the cab only as long as its wheels keep rolling with traction. When the trailer wheels lock or skid, the trailer may stop tracking the cab. Its momentum then carries it forward and sideways. This causes it to pivot around the fifth-wheel coupling. The driver, sitting up in the front cab, may not be able to steer out of it. Thus, a truck trailer swing accident usually comes down to a loss of traction that triggers a catastrophic chain of events.
Once the trailer starts to swing, it becomes a multi-ton wall sweeping across traffic lanes. Vehicles behind the truck often cannot stop in time. As a result, some slide under the trailer. Others collide with one another while trying to escape the trailer’s path. The truck may lose control of the entire truck-trailer. In that case, the crash scene can extend for several hundred feet along the road.
Federal regulators track how often these sorts of accidents happen. The Federal Motor Carrier Safety Administration (FMCSA) national crash data recorded 169 large trucks in fatal jackknife crashes in 2020. Federal crash research from The Large Truck Crash Causation Study has also identified jackknifing as a notable factor in serious crashes involving large trucks.
Understanding jackknife accident causes matters because each cause can point to a different responsible party. Potential contributors to jackknife accidents include:
The pattern that stands out in federal research is that many large-truck crashes, including jackknife crashes, are preventable. In the landmark Large Truck Crash Causation Study, FMCSA and NHTSA investigators found brake problems were a factor in roughly 29% of serious truck crashes. Traveling too fast for conditions was a factor in 23% of those accidents. Cargo shift was a contributing factor in 4% of large truck accidents. Many of those accidents reflect a choice someone made, whether to speed, defer maintenance, or carelessly load the trailer.
All of these factors matter for your claim. A crash caused by a bad decision is not necessarily just “one of those things that happen.” Rather, it can be negligence, and negligence may lead to liability.
Jackknife crash liability doesn’t always stop with the person behind the wheel. Depending on what caused the swing, several parties may share responsibility.
Drivers should be held accountable for their own carelessness. Maybe it’s speeding in bad weather or braking abruptly in heavy traffic. Or perhaps they simply drove past federally allowed hours and fell asleep. Regardless, a driver’s driving hours and actions before the crash may be reflected in electronic records.
Carriers can be held responsible for their drivers’ acts in some circumstances under longstanding legal doctrines. They are also responsible for their own conduct. After all, companies set delivery schedules, hire and train drivers, and control maintenance budgets. If you can trace a jackknife accident back to schedule pressure, poor training, or cutting corners on repairs, the company may be on the hook.
Federal rules require commercial vehicle brakes to remain operable. Carriers must also systematically inspect, repair, and maintain their fleets. A botched brake job or a defective component can make an outside shop or parts maker liable.
Shippers and loading companies must secure freight to prevent it from shifting in transit and affecting the truck’s stability or handling. When a load moves and destabilizes the trailer, you may be able to name whoever loaded it in your claim if their conduct contributed to the crash.
Washington law also addresses shared fault. The state follows a pure comparative fault rule. That means the court generally assigns each responsible party a share of fault, subject to exceptions in Washington law. It also means that plaintiffs can still recover even if they carry partial blame for causing the jackknife accident.
Serious truck claims rise or fall on evidence gathered fast. Key sources include:
Time is of the essence. Carriers must retain ELD duty-status records for at least six months under federal rules. Trucks are repaired. Trailers are returned to leasing companies. However, a lawyer can send a preservation letter to the parties involved in the accident. This letter freezes the evidence before it disappears. Having this letter is essential. Otherwise, you risk losing evidence, which can make your claim harder to prove.
It’s hard to overestimate how critical the first few moments after an accident are. If you ever find yourself caught in the wake of a jackknife truck accident, take these steps:
After you take these steps, consider contacting a jackknife truck accident attorney right away.
A jackknife truck accident attorney can take on work that may be difficult to manage while recovering from an injury. Trucking companies may dispatch rapid-response teams to crash scenes within hours. These teams may include investigators, engineers, and defense lawyers whose job is to protect the carrier.
Without your own team working at the same speed, you may find yourself at a serious disadvantage. On the other hand, hiring an attorney can increase the chances of collecting the electronic data before it is purged. A skillful attorney can also match brake and maintenance records against federal regulations and analyze carriers’ hours-of-service logs for irregularities. Finally, an attorney can help you push for a fair jackknife accident settlement, or file a lawsuit if the at-fault party refuses to consider a reasonable settlement.
At Brett McCandlis Brown & Conner, we bring more than 40 years of collective experience to serious personal injury claims. That includes complex commercial vehicle litigation. Paula McCandlis, David Brown, Matt Conner, Adam Engst, and our staff know how to tackle jackknife truck accident cases.
Fundamentally, the cornerstone of our approach is preparation. We document thoroughly. We work with qualified reconstruction and mechanical experts. In addition, we dedicate ourselves to outstanding, honest communication with our clients. That means we will level with you when you ask us for an opinion about a case. Before you commit to anything, we will honestly explain what your claim may be worth, its weaknesses, and what we would need to prove under applicable law.
We cannot guarantee any particular outcomes for a given case. However, we will do our best to provide you with sterling legal representation. Let’s start working together today to defend your rights.
Don’t wait. Call a Seattle truck accident lawyer or Washington jackknife truck accident lawyer right away.
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