The Short Answer
Jackknife truck accidents are among the most devastating and dangerous crashes on the road. But what is jacknifing? It’s when a tractor-trailer folds in on itself—resembling a folding pocketknife—it can create a deadly situation for nearby drivers. If you or a loved one were involved in a jackknife accident, you may be wondering:
- Who is responsible for the crash?
- Do I have a case for compensation?
- How can I prove negligence in a jackknife accident?
Understanding the causes of jackknife accidents and who may be held liable is the first step in protecting your rights. In this guide, we’ll break down the common causes of jackknifing, legal liability, and how an experienced North Carolina truck accident attorney can help you seek compensation.
Key Takeaways
- Jackknife truck accidents can be caused by several factors, including driver error, road conditions, and mechanical failure.
- Liability in a jackknife accident often depends on the cause, and multiple parties may be held responsible, such as the driver, trucking company, cargo loaders, and even government entities.
- After a jackknife crash, you can support and protect your case by gathering essential evidence like police reports, witness statements, maintenance logs, and dashcam footage.
- North Carolina’s contributory negligence law may stop you from pursuing compensation if you are found even 1% at fault in the accident.
- Working with a truck accident lawyer can improve your chances of securing compensation for medical bills, lost wages, pain and suffering, and property damage.
- What Causes a Jackknife Truck Accident?
- What to Do If You’re In a Jackknife Accident
- How to Prove Liability in a Jackknife Truck Accident
- What Compensation Can You Recover After a Jackknife Truck Accident?
- When You Should Contact a Truck Accident Lawyer in North Carolina
- Talk to a North Carolina Truck Accident Lawyer from Lewis & Keller
What Causes a Jackknife Truck Accident?
Jackknifing happens when a truck’s trailer swings out of control, forming a sharp V-shape with the cab. These accidents are often caused by a combination of driver error, road conditions, and mechanical failures. Understanding the cause of the accident is central to a claim because it determines who may be held legally responsible.
Common Causes of Jackknifing & Who May Be Liable
| Cause of Jackknife Accident | Potentially Liable Party |
| Sudden or Hard Braking – If a truck driver slams the brakes too hard, especially on slippery roads, the trailer can lose traction, go into a skid, and swing out of control. | Truck Driver, Trucking Company (if improper training contributed) |
| Speeding & Reckless Driving – A truck traveling too fast may not be able to stop in time, increasing the risk of skidding. | Truck Driver |
| Poor Truck Maintenance – Worn brakes, bad tires, or faulty anti-lock braking systems (ABS) can make it easier for a truck to jackknife. | Trucking Company, Maintenance Provider |
| Improperly Loaded Cargo – If the trailer is overloaded or unbalanced, it can make jackknifing more likely when braking or turning. | Cargo Loading Company, Trucking Company |
| Hazardous Road Conditions – Slippery roads, sharp curves, or poorly marked construction zones can increase the risk of skidding and jackknifing. | Local Government or Road Maintenance Authorities (if road design or maintenance played a role) |
How This Affects Your Injury Claim
The key to a successful truck accident injury claim is proving who was responsible for the crash. Depending on the circumstances, more than 1 party could be liable. An experienced truck accident lawyer can help you investigate the crash, gather evidence, and determine who should be held accountable for your injuries.
What to Do If You’re In a Jackknife Accident
Taking the right steps after a jackknife accident can protect your health, legal rights, and ability to seek compensation.
- Get to safety – Move to a safe location if possible to avoid further harm.
- Call 911 – Report the accident to law enforcement and request emergency medical assistance if needed.
- Seek medical care – Even if you feel fine, get checked for injuries that may not be immediately visible.
- Collect evidence – Gather contact information from witnesses, take photos of the scene, and exchange insurance details.
- Do not admit fault – Avoid making statements that could be used against you later.
- Contact a truck accident lawyer – A legal professional can help protect your rights and build your case.
Read more recommendations from the North Carolina Department of Insurance
How to Prove Liability in a Jackknife Truck Accident
To receive compensation for your injuries, you must prove that someone else’s negligence caused the accident. This requires solid evidence and a strong legal strategy. Here’s what goes into proving fault in a jackknife truck accident:
1. Police Reports & Accident Documentation
- After a truck accident, law enforcement will typically investigate the scene and file an official report.
- These reports may note whether the truck driver was speeding, braking improperly, or violating traffic laws—all of which can help prove liability.
- Witness statements from other drivers, pedestrians, or passengers can provide additional perspectives on what happened.
2. Trucking Company Records
- If the trucking company failed to maintain the vehicle, keep proper driver logs, or follow federal regulations, they could be held responsible.
- A legal team can request driver logs, maintenance records, and black box data (electronic logging devices that track speed, braking, and driving hours).
3. Video Footage & Photographic Evidence
- Dashcam footage, surveillance cameras, and traffic cameras may have captured the accident.
- Photos of skid marks, vehicle damage, and road conditions can help reconstruct how the accident happened.
4. Expert Testimony & Accident Reconstruction
- Accident reconstruction specialists can analyze evidence to determine how and why the jackknife occurred.
If mechanical failure played a role, engineers or trucking experts can testify about whether the trucking company or maintenance provider was negligent.
Why Proving Negligence Matters
Insurance companies often try to shift blame onto the victim to minimize payouts. The stronger your evidence, the harder it is for them to deny your claim. Unlike other states, North Carolina uses the doctrine of pure contributory negligence, which is among the strictest in the United States. Under this rule, if you–the plaintiff–are found even 1% at fault for the accident, you could be barred from seeking compensation.
A North Carolina truck accident lawyer can help gather the right evidence, negotiate with insurers, and fight for the maximum compensation you deserve.
What Compensation Can You Recover After a Jackknife Truck Accident?
If you were injured in a jackknife accident, you may be entitled to compensation for:
- Medical Expenses – Covers hospital visits, surgeries, medications, and ongoing treatment.
- Lost Wages & Reduced Earning Capacity – Compensation for missed work and any long-term impact on your ability to earn.
- Pain & Suffering – Includes physical pain, emotional distress, and reduced quality of life.
- Property Damage – Covers vehicle repairs or replacement costs.
- Wrongful Death Damages – If a loved one was lost, compensation may include funeral costs and loss of financial support.
When You Should Contact a Truck Accident Lawyer in North Carolina
If you’ve been injured in a jackknife accident, it’s important to speak with a lawyer as soon as possible. Of course, you want to make sure that you’re safe and seek medical care first, but the sooner you get a lawyer involved, the better your chances for compensation will be. A lawyer can help you understand your options, gather evidence, and fight for the compensation you may deserve. You should contact a truck accident lawyer if:
- You suffered serious injuries – Medical bills, lost income, and long-term care costs can add up quickly. A lawyer can help you seek full compensation.
- A loved one was killed in the accident – If a jackknife crash resulted in a wrongful death, an attorney can help your family pursue justice and financial support.
- The insurance company is offering a low settlement – Insurers often try to minimize payouts. A lawyer can negotiate on your behalf and take legal action if necessary.
- Liability is unclear or multiple parties are involved – If more than 1 party may be responsible, an attorney can investigate and build a strong case.
- You’re an injured truck driver unsure of your rights – A lawyer can help you determine if you should file a workers’ compensation claim, a personal injury lawsuit, or both.
How a Lawyer Can Maximize Your Compensation
Insurance companies often try to settle for less than you may deserve, whether you’re a truck driver or another accident victim. A truck accident lawyer can:
- Calculate the true value of your claim, including medical costs, lost wages, and long-term damages.
- Investigate who is at fault, whether it’s another driver, a trucking company, or a third-party maintenance provider.
- Negotiate aggressively with insurers to secure the maximum compensation.
Help injured truck drivers explore workers’ compensation claims or lawsuits against negligent employers.
Talk to a North Carolina Truck Accident Lawyer from Lewis & Keller
A jackknife accident can change your life in an instant, leaving you with serious injuries, financial stress, and unanswered legal questions. At Lewis & Keller, we’ve recovered millions of dollars for victims of North Carolina truck accidents, and we’re ready to fight for you.
If you or someone you love was injured in a trucking accident, don’t face the legal process alone. Our team of experienced truck accident lawyers will review your case for free and help you seek the compensation you may deserve.
