A jackknife accident is extremely dangerous because it angles the truck and trailer at an angle that folds these parts together, resembling a jackknife. This handling dynamic leaves the truck entirely out of control, and typically causes the truck to merge toward the left bringing it into opposing traffic lanes. Large trucks can jackknife when the wheels lock, or when a driver turns too fast or swerves. In certain circumstances, the vehicle may roll over, crushing passenger cars in its path. At Nagle & Associates, North Carolina truck accident attorney Carl Nagle helps victims who have suffered catastrophic injuries in truck and tractor trailer crashes. He has secured more than $290 million in compensation for injured individuals throughout the state, and he takes pride in focusing exclusively on advocating for victims of serious motor vehicle collisions. Roadway accident cases are the only legal matters our firm handles.Pursuing a Claim for Compensation After a Jackknife Accident
Often, jackknife accidents take place when a truck’s wheels lock as the vehicle approaches a slick spot. The trailer continues to move forward, and the driver loses control, resulting in the trailer swinging out to the side. Truck drivers can avoid jackknifing by maintaining a safe distance from others on the road and by braking in a straight line before turning. If a trucking accident results from the driver’s careless conduct, they may be held liable for their negligence.
Negligence refers to a failure to act as a reasonable person would act under similar circumstances. In order for a victim to prevail in a negligence claim in a personal injury lawsuit, they must show that the defendant owed them a duty of care, breached that duty, and caused an accident that resulted in quantifiable losses.
In a jackknife accident case, for example, the plaintiff might contend that by failing to evenly apply brake pressure, the defendant driver jackknifed the truck and caused a collision. Losing control of a big rig may be evidence of negligent behavior, and it can result in serious injuries for others on the road.
In North Carolina, the statute of limitations, or time limit, for filing a personal injury lawsuit is three years. However, if the collision results in fatal injuries, the NC Wrongful Death Act reduces the time limit to two years from the date of the fatal accident. This time period begins to run on the date your claim “accrues,” which means the date of the jackknife accident. Once the statute of limitations has expired, accident victims generally will not be able to file a lawsuit. Further, when the initial lawsuit is filed, all parties must be included in the action if the deadline is near. Failure to include a liable party in the initial lawsuit filing coupled with passage of the statute of limitations deadline will release any unnamed party from legal responsibility for the victim’s losses and damages.
People hurt in a jackknife crash can seek a wide range of economic and noneconomic damages. Economic damages typically include medical and hospital care, lost income, and property damage. Compensation for pain and suffering or lost enjoyment of life are examples of noneconomic damages, since they are more subjective. Damages may be available for both past and future costs and losses. It is important to enlist an attorney who has access to medical and vocational experts who can thoroughly explain the impact of the accident on the rest of your life.
Securing a favorable resolution in a truck accident lawsuit requires an understanding of insurance company tactics. Attorney Carl Nagle’s experience as a former claims adjuster and insurance defense attorney provides insight into these tactics. Insurance companies may dispute claims or offer an unreasonable amount, and we are ready to fight for our clients’ interests. We believe in passionate and genuine advocacy and are committed to improving the lives of injured people throughout the state.Seek Guidance from a North Carolina Attorney for a Truck Accident Case
At Nagle & Associates, North Carolina truck accident lawyer Carl Nagle brings decades of experience to his motor vehicle collision law practice. Our firm discounts legal fees for all of the victims who seek our assistance. By charging only 25% of a settlement award, we know that our clients walk away with much more than they would if we charged 33% or more of the award, like most other firms. For cases that go to trial, we charge one-third of the recovery, while most other firms charge a 40%-44% fee. To discuss your case with an experienced North Carolina truck accident attorney, contact us by calling (800) 411-1583 or contact us online. We stand ready to represent clients throughout North Carolina including residents in Raleigh, Asheville, Winston-Salem, Wilmington, Hickory, Greensboro, and other communities throughout Guilford, Wake, Forsyth, Durham, Mecklenburg, Catawba, and New Hanover Counties.