Winter weather has brought jackknifing truck accidents into the news again, although they are a risk to motorists all year long.
Jackknifing occurs when a trailer skids and swings out to one side, causing the tractor to swing toward the trailer and form a V, either because of momentum or the driver’s attempt to correct the skid.
This pocketknife shape has many causes, including equipment failure, improper braking, or adverse road conditions such as an icy road surface. In extreme circumstances, a driver may attempt to jackknife the vehicle deliberately to halt it following brake failure. Crosswinds and light loads can also cause jackknifing, as can overuse of trailer brakes, which then become overpowered by tractor brakes.
Trucking accident lawyers in Chillicothe and throughout Southern Ohio know the risks of trucking collisions are on the rise for many reasons. There is a shortage of nearly 100,000 truckers, which has put many newer and less experienced truck drivers on the road. In fact, the Federal Motor Carrier Safety Administration has been ordered by Congress to allow teenagers to drive across state lines for the first time, as part of an infrastructure effort to reduce the trucker shortage and relieve supply chain issues caused by the coronavirus pandemic.
Previously, truckers who crossed state lines had to be at least 21 years of age. This new measure will allow 18 and 19-year-olds to begin careers on the Interstates. Under the apprenticeship, younger drivers can cross state lines during 120-hour and 280-hour probationary periods. Trucks used in the program have to have an electronic braking crash mitigation system, a forward facing video camera, and their speeds must be limited to 65 mph.
Jackknifing Injury Claims: Ohio Trucking Accidents
Motorists are most at risk in underride collisions caused by jackknife accidents. When a passenger vehicle travels beneath a trailer, catastrophic injuries and death are most likely to occur to occupants.
While underride guards (which vary greatly in effectiveness) are present at the rear of trailers to prevent those involved in rear-end collisions from traveling beneath the trailer, side guards are not mandatory, and thus not present, on the vast majority of tractor trailers operating in the United States. The FMCSA continues to study the issue, but has yet to make side guards mandatory in the U.S., despite their requirement in much of Europe since the 1980s.
Another common scenario in collisions involving jackknifing tractor-trailers, is collisions with other vehicles taking evasive action and/or roadway departure.
Collisions with third parties complicate injury claims, as do multiple claims against a trucking company that result from a single incident. In both cases, an experienced trucking accident attorney in Chillicothe should be consulted as soon as possible. Multiple claimants seeking limited insurance coverage makes thorough review and timely filing of a claim essential to collecting fair compensation. Additionally, identifying all third-parties who share blame, whether trucking companies, freight owners, or other motorists, is essential when it comes to building your case.
These types of claims will also likely involve allegations of comparative fault among one or more parties. Recognized in Ohio since 1980, comparative fault means a victim was partially responsible for accident or injury. Those found more than half at fault will be barred from collecting damages. For example, it may be argued that your injuries were primarily the result of your decision to leave the roadway, which significantly increases the risk of serious or fatal injury.
Trucking companies and their insurance companies are experts at mitigating liabilities and avoiding claims. Those involved in a serious collision should seek the consultation of an experienced law firm in the immediate aftermath of a serious crash.
Photo by Stephen Tafra on Unsplash.
