Jackknife accidents are extremely dangerous to other motorists on the road. These types of crashes are known to cause serious injuries and sometimes deaths. If you or someone in your family has been involved in a jackknife accident, it is important to consult a Fort Myers truck accident lawyer who can investigate your case and determine whether you should take legal action. At Lusk, Drasites & Tolisano, we know that these collisions have serious emotional, physical, and financial consequences, and we will treat you with the compassion that you deserve.Pursuing Compensation for Injuries Arising from a Jackknife Accident
A jackknife accident takes place when the two separate parts of a truck, the cab and the trailer, fold in on themselves at the point of separation, forming a 90-degree angle. The name comes from the motion of the truck trailer in swinging out to one side, which looks like a partially opened blade of a jackknife. The swinging trailer of the truck poses a great risk because it can easily strike other motor vehicles on the road.
Truck drivers have a duty to maintain their trucks in a reasonably safe condition and operate them carefully in order not to risk harming others around them. Jackknife accidents can have a number of causes, including high speeds, curvy roads, hazardous weather conditions, equipment malfunction, or driver error.
Determining liability in a truck accident case can be complex because there may be more than one party at fault. Typically, an injured victim will be able to take legal action against a negligent truck driver. Negligence is a failure to exercise reasonable care behind the wheel. Reasonable care refers to the duty of each person on the road to act as a prudent driver would act in the same situation. In order to prevail on a negligence claim, the plaintiff must establish a handful of elements by a preponderance of the evidence. The truck driver must have owed the victim a duty of care, the truck driver must have breached the duty of care owed to the victim, and the truck driver’s breach must have been a direct cause of the victim’s harm.
Moreover, if you have been injured in a commercial vehicle accident, the at-fault driver’s employer may also be liable for your harm. Holding it vicariously liable would require showing that the accident took place while the driver was on the job. There also may be situations in which the driver’s employer may be held directly liable. For example, it may have failed to properly maintain its trucks, or it may have negligently hired an unqualified driver.
Victims of truck accidents may be entitled to many forms of damages, such as medical bills and future medical bills, lost wages and earning capacity, physical rehabilitation, pain and suffering, property damage, and more.Discuss Your Truck Accident Case with a Fort Myers Lawyer
You should not delay in seeking legal guidance if you have been struck by a careless truck driver. The experienced Fort Myers truck accident attorneys at Lusk, Drasites & Tolisano can guide you through each step of your case, fighting for the compensation that you need. We represent victims in many cities throughout Southwest Florida, including Naples, Port Charlotte, Lehigh Acres, and Sarasota. Call us toll-free at (800) 283-7442 or contact us through our online form to set up a free consultation with a motor vehicle collision attorney.