Seminole Jackknife Truck Accident Attorney
Environmental conditions, like wet or damaged roads, often contribute to jackknife accidents. Excessive speed, however, is almost always the cause. The unchanging physics of a jackknife accident are well-known among drivers. Every 10mph of speed over 55mph increases the risk of a jackknife by about 50 percent. The risk is even greater if the truck is overloaded or the brakes aren’t in tip-top condition. A little extra weight or a minor flaw could make a big difference.
These claims are extremely complex, from a medical and legal standpoint. Jackknife collisions often cause head injuries and other wounds that many doctors cannot effectively treat. Head injuries are degenerative. Without prompt and proper treatment, they are normally fatal. From a legal standpoint, jackknife wrecks often happen on the open road where there are few witnesses. Additionally, an out-of-state holding company with a gaggle of lawyers often owns the truck. More on this issue below.
These lawyers will run roughshod over a victim’s legal and financial rights, unless the victim has a dedicated Seminole jackknife truck accident attorney from The Reep Law Firm to level the playing field. Insurance company lawyers are determined to decrease the amount of compensation in a catastrophic injury claim. We are just as determined to obtain maximum compensation for victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
First Party Liability
This compensation is available if a victim/plaintiff proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Evidence in a truck crash claim usually includes eyewitness statements, physical evidence from the scene, medical bills, and the police accident report. Frequently, basic evidence isn’t enough. For example, the police accident report is often incomplete or inaccurate. That’s especially true if the victim couldn’t give a statement, so the report only includes one side of the story.
Electronic evidence often supplements basic evidence. The Event Data Recorder is a good example. Much like a commercial jet’s black box flight recorder, an EDR measures and records data like:
- Vehicle speed,
- Steering angle,
- Brake application, and
- Engine RPM.
A skilled Seminole jackknife truck accident attorney puts this evidence together like the pieces of a jigsaw puzzle to establish negligence.
Contributory negligence is one of the most common defenses in these claims. For example, insurance company lawyers might admit the trucker lost control of the vehicle, but they might blame the victim’s injuries on his/her failure to wear a seat belt.
If both drivers were partially at fault, jurors must divide responsibility on a percentage basis. Since Florida is a pure comparative fault state, compensation is available even if the victim was 99 percent responsible for the wreck.
Third Party Liability
The medical bills alone in a catastrophic injury case usually exceed $100,000. Most individuals don’t have enough insurance coverage to pay such bills. Fortunately, the respondeat superior theory usually applies in truck accident cases.
Employers, which in this case is the shipping, transportation, or other company that owned the truck, are financially responsible for damages when their employees, which in this case is the driver, are negligent during the course and scope of employment.
Other vicarious liability theories, which often apply in assault and other intentional tort claims, include negligent hiring and negligent supervision.
Reach Out to a Thorough Pinellas County Attorney
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Seminole jackknife truck accident attorney, contact Reep, Coleman & Stubbendorff. Attorneys can connect victims with doctors, even if they have no insurance or money.