Florida is third on the list of states with the most truck crashes. As of July 2024, Florida experienced 10,391 fatal and non-fatal truck accidents. These accidents include jackknifing trucks, which means a truck’s trailer swings out of alignment with the cab and stops at a 90-degree angle over the road.
When a jackknife accident happens suddenly, it can result in massive damage. This is mainly because these accidents usually lead to a vehicle pileup, which can cause severe injuries or death. Any truck traveling more than 55 mph could jackknife, especially in wet or stormy weather.
This begs the question: Can the driver be held accountable or liable if a truck jackknifes, causing injury or death?
Why Do Jackknife Accidents Happen?
For several reasons, a truck’s trailer may become loose and swing to the side. These include:
- Speeding. If the driver speeds, they impede their ability to control the truck. If they suddenly have to turn or brake, it can cause the truck to jackknife.
- Braking errors. Braking has to happen evenly while driving a truck. The wheels may lock if the driver stomps on the brakes or brakes unevenly. This will lead to the driver losing control of the truck.
- Bad weather. Unfortunately, severe weather can make the roads icy or slippery, which increases the risk of a jackknife accident.
- Mechanical failure. If a truck is poorly maintained, it could break down at the worst possible time. If the lack of maintenance causes the brakes to malfunction or a tire to blow, it can cause a jackknife accident.
- Driver fatigue. Many truck drivers in the U.S. exceed their driving hours. This happens because the driver needs to work more hours to earn more money, or their employer forces them to continue working without a break. Either way, fatigue is a huge risk factor when it comes to jackknife accidents.
Legal Liability in Jackknife Accidents
Florida law holds truck drivers liable for jackknife accidents if it is proven they acted negligently. This means the truck driver would have ignored reasonable care and actions, directly harming others.
For a truck driver to be held liable, the victim of a jackknife accident would have to prove:
- Duty of care. The victim must demonstrate the duty of care the truck driver had to other road users. In jackknife accidents, the duty of care usually means the truck driver should have operated their vehicle safely.
- Breach of duty. In addition to demonstrating the driver’s duty of care, the victim must prove the driver neglected or breached this duty of care. This means the driver would have been speeding or have been distracted, even tired, at the time of the accident.
- Causation. To be awarded compensation, a victim must establish a link between the breach of duty and their injuries or damages. Victims typically do this with the help of a personal injury lawyer.
- Damages. Lastly, victims must prove that they suffered quantifiable damages. This includes lost wages, medical expenses, disability, pain and suffering, etc.
Florida’s Shared Liability Laws
It is also important to note that truck drivers are not always solely to blame for jackknife accidents. Florida follows modified comparative negligence laws, which means liability can be shared among several parties.
For example, a truck driver may have been speeding while the other driver skipped a red light. If the truck driver is found to be 60% to blame for the accident and the other driver 40%, the injured party’s compensation will be reduced.
So, if the injured party wants to claim $100,000 in compensation, they will only receive $60,000 if they win the case. But, if the injured party is more than 50% responsible for the accident, they cannot file a compensation claim at all.
When Is a Trucking Company Liable?
Liability can also extend beyond the driver to their employer. A driver’s employer may be held liable under the vicarious liability doctrine. This doctrine states that an employer is responsible for each employee’s action (within the scope of their employment).
Employers may also be liable if they:
- Fail to train drivers. All truck drivers must receive ongoing training on handling and operating their vehicles under different circumstances.
- Neglect hiring practices. Some employers do not do due diligence when hiring truck drivers. If a trucking company employs a driver with a poor safety record or without the appropriate license, it can be held liable for a jackknife accident.
- Ignore necessary maintenance. If an employer does not ensure the trucking fleet is maintained, mechanical failures can lead to accidents. In this instance, the company can be held liable as well.
- Enforce unrealistic schedules. If an employer forces drivers to exceed their hours without a break, they can be held liable if an accident happens.
Florida’s Trucking Laws
Florida has specific laws that apply to commercial truck drivers. These include:
- Speed limits. Truck drivers must stick to speed limits at all times. These limits differ from those of passenger vehicles. They may also change depending on road and weather conditions.
- Hours of service. Drivers must adhere to hours of service regulations. These regulations are meant to help prevent fatigue-related truck accidents.
If a trucking company violates these regulations, they can be held liable along with the truck driver.
Jackknife Accident Victims Can Claim Compensation
If a jackknife accident causes another person or driver harm, they can claim compensation. Compensation demands may include a settlement that covers the following:
- All medical expenses
- All lost income, current and future
- Physical and emotional pain and distress
- Property damage
Punitive damages may be awarded if the harm is excessive or devastating.
Any victim of a truck accident should have a lawyer on their side. A lawyer can investigate the accident and find evidence to establish liability.
A lawyer can also negotiate a settlement with the trucking company’s or driver’s insurance. If a settlement is not reached, the lawyer will represent their client in court and potentially during a trial.
Truck Drivers Can Be Held Liable for Jackknife Accidents
Truck drivers can be held liable, but they are often not the only liable party. Fortunately, regardless of liability, victims can fight for compensation with the help of a reputable lawyer.