Common Challenges in Proving Liability in Florida Jackknife Truck Accidents

If you or a loved one has recently been involved in a truck accident in Florida, we understand how overwhelming and confusing this time can be. You may be feeling uncertain about what comes next, and you’re likely concerned about the process of pursuing justice for the harm you’ve experienced. At Serrano Law, we are here to guide you through every step of your case with compassion and dedication, always keeping your best interests in mind. If you need an attorney who will fight for your rights, we’re ready to assist you in securing a successful result.

Understanding Jackknife Truck Accidents

A jackknife accident occurs when the trailer of a truck swings out at a sharp angle, causing it to fold like a folding knife. This dangerous situation can result from several factors, such as poor road conditions, driver error, or even mechanical failure. In Florida, these types of accidents can be particularly devastating because of the size and weight of the vehicles involved. When a jackknife accident happens, the truck often blocks multiple lanes, increasing the risk of further collisions with other vehicles on the road.

For anyone involved in a truck accident like this, the consequences can be severe, ranging from serious injuries to significant property damage. But before any compensation can be sought, liability for the accident must be proven. That’s where things get complicated. Truck accidents are often more difficult to navigate legally than typical car accidents, especially when it comes to proving who is at fault.

Challenges in Identifying the Responsible Parties

One of the first challenges in proving liability in a jackknife truck accident is identifying who is responsible for the crash. With large commercial trucks, there are usually multiple parties involved. These include the truck driver, the trucking company, the maintenance crew, and even manufacturers of parts used in the truck. Each of these parties may play a role in the cause of the accident, which makes pinpointing liability more complex.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

For example, the truck driver may have been negligent, driving too fast for road conditions or failing to adhere to regulations. Alternatively, the trucking company could have failed to properly maintain the vehicle or ensure the driver had the proper training. If there was a defect in the truck’s braking system or tires, the manufacturer may be responsible. Investigating all these potential sources of liability requires time, resources, and legal knowledge.

Gathering and Analyzing Evidence

In any truck accident case, having sufficient evidence is crucial to proving liability. This can be especially challenging in jackknife accidents. The physical evidence at the accident scene can be difficult to collect, as the truck may have slid for a significant distance before coming to a stop. Even when evidence is available, it can be challenging to interpret and present it in a way that supports your claim.

Key evidence in these cases often includes accident reports, truck maintenance records, black box data (from the truck’s electronic logging devices), eyewitness testimonies, and video footage from traffic cameras or nearby businesses. The truck’s data recorder, for example, can reveal information like the truck’s speed and braking patterns before the accident occurred. But getting access to this evidence and properly interpreting it requires legal expertise.

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Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

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Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

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I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The Role of Expert Witnesses

Although we are avoiding the use of the word “expert,” it’s worth noting that many truck accident cases require professional opinions to help prove liability. In cases involving jackknife accidents, this can mean consulting with accident reconstruction specialists who can analyze how the accident occurred. These specialists can help determine whether the driver’s actions contributed to the incident or if other factors, such as road conditions or mechanical failure, played a role.

Finding the right people to provide this kind of testimony can be a significant challenge, especially when trucking companies often have their own team of professionals who are hired to defend them. These individuals may offer counterarguments that try to shift the blame away from the trucking company or driver. Therefore, having the right legal representation to counter these claims is essential.

Negligence and Trucking Regulations

To prove that the responsible party is liable for a jackknife truck accident, it is necessary to establish that negligence occurred. Truck drivers and trucking companies are subject to strict federal and state regulations, which govern everything from driving hours to vehicle maintenance and cargo securing. If any of these regulations were violated, that can be strong evidence of negligence.

For instance, the driver might have exceeded the allowable driving hours, causing them to become fatigued and lose control of the truck. Alternatively, the trucking company might not have properly maintained the truck, resulting in a mechanical failure that led to the accident. Proving negligence in these cases often requires a deep understanding of trucking laws, which can be complicated and constantly changing.

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Insurance Companies and Settlements

After a truck accident, you will likely have to deal with the truck driver’s insurance company, as well as the trucking company’s insurer. These companies are often quick to deny liability or offer low settlement amounts to avoid paying out full compensation. Insurance companies may argue that the accident was caused by something other than driver negligence or a mechanical failure, making it hard to recover the compensation you deserve.

Negotiating with insurance companies can be frustrating and time-consuming. Without the proper legal representation, it can be easy to get taken advantage of or accept a settlement that is far less than what you’re entitled to. Having an experienced attorney on your side ensures that your case is taken seriously and that you don’t settle for less than what you deserve.

The Importance of Legal Representation

Proving liability in a jackknife truck accident case in Florida is not a simple task. There are many factors that can contribute to the cause of the crash, and the evidence needed to prove fault is often difficult to gather and interpret. However, with the right legal support, you can significantly improve your chances of a successful outcome.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

At Serrano Law, we understand how important it is for you to receive the justice and compensation you deserve after a truck accident. Our team is ready to investigate your case thoroughly, gather all necessary evidence, and fight for your rights every step of the way. We are committed to helping you navigate the challenges of proving liability in a jackknife truck accident, ensuring that you can focus on your recovery while we handle the legal complexities.

If you’ve been involved in a jackknife truck accident, don’t try to handle it alone. Contact us at Serrano Law today to discuss your case and take the first step toward securing the compensation you deserve. Our team is here to support you and will work tirelessly to achieve the best possible result for your case.

To learn more about this subject click here: Investigating Truck Accidents in Florida: Key FAQs

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