Jackknife truck accidents in Clark happen when the tractor or cab stops, but the trailer does not. The trailer begins to swing out at an angle that resembles the opening of a jackknife. The angle depends on environmental factors and driver behavior. Anyone involved in a jackknife truck accident should consult a talented truck accident attorney to evaluate their legal options and protect their right to compensation.
What Causes Jackknife Accidents?
In Clark, weather and road conditions can contribute to jackknife accidents. However, accidents often result from driver behavior such as:
- Speeding: Taking a curve too fast can tip a truck’s center of gravity, pushing the trailer forward as the driver applies the brakes
- Driver Fatigue: Drivers at the end of their driving hours or who have exceeded them are less alert and may fail to respond to avoid jackknifing
- Distracted Driving: Anything that shifts drivers’ attention from the road is a distraction, whether talking on a cell phone or reaching for a coffee mug
- Sudden Braking: Stopping the cab does not mean stopping the trailer. Unexpected braking can cause the trailer to swing outward, creating an opportunity for jackknifing.
Although New Jersey is a no-fault accident state, injured parties may pursue compensation for pain and suffering.
What Compensation Is Available?
Drivers file a claim with their own insurance company to recover medical expenses and lost wages. They pursue a separate claim with the at-fault driver’s insurer for property damage. If the injuries meet the state’s legal threshold, the injured party may initiate a personal injury lawsuit to seek compensation.
No-Fault Insurance
Drivers must carry automobile insurance that includes personal injury protection (PIP), which covers medical expenses and lost wages. They file a claim with their insurance company for compensation.
Right-to-Sue
Under their insurance coverage, residents select whether they retain the right to sue for compensation, including pain and suffering. Those who choose a Limitation on Lawsuit option may only pursue legal action if the injuries meet the state’s threshold. This restriction does not apply to accidents involving commercial vehicles.
Comparative Negligence
New Jersey follows a modified comparative negligence system, which permits injured parties to recover damages even when partially at fault. However, the compensation is reduced in proportion to their share of responsibility.
Establishing Negligence
Pursuing compensation after a jackknife truck crash in Clark requires proving the at-fault driver’s negligence. Injured parties must show the driver had a duty to obey traffic laws and operate the truck safely, breached that duty, and caused the crash and resulting injuries.
Experienced truck accident lawyers assist clients by gathering evidence, obtaining witness statements, and accessing police and medical records. They use this information to build a legal strategy aimed at achieving the most favorable outcome.
Consult an Attorney After a Jackknife Truck Accident in Clark
Recovering compensation for jackknife truck accidents in Clark can be complex. Comparative negligence and no-fault insurance rules, along with the Limitation on Lawsuit option, often make the process more difficult. Skilled truck accident lawyers help injured parties navigate these challenges and pursue appropriate compensation.
Although injured parties have up to two years to pursue compensation, consulting an attorney early helps ensure the legal team meets all deadlines and preserves key evidence. The legal team at Fredson Statmore Bitterman, LLC, works with medical professionals and accident reconstruction experts to clarify how the crash occurred and the extent of the injuries. Let us review your case today during a free consultation.
