Truck accidents, in general, are scary, but there’s one in particular that tops the list. Just the mention of a jackknife truck accident is enough to have drivers looking around anxiously. When the trailer swings out and toward the cab, you’re dealing with anything from a collision to a rollover accident or even a pinned vehicle.
Yep, just imagine how devastating it is to be trapped between the cab and the trailer. So, what are the common causes of jackknife accidents in Florida? We’re answering this, along with what laws can impact your accident claim and other questions.
How Common Are Jackknife Truck Accidents in Florida?
The Sunshine State tends to track commercial trucking accidents as a whole instead of by type. Florida is ranked 31st in the nation for number of semi-truck accidents each year. Across the country, there were around 4,842 jackknife truck accidents resulting in fatalities.
Even though jackknife truck accidents aren’t especially common, it doesn’t mean drivers shouldn’t pay attention. Pretty much any time a truck driver slams on their brakes, there’s a risk of the trailer swinging wildly out. If you’re wondering what’s the most common type of truck accident in Florida, the prize goes to rear-end collisions.
What are Examples of Negligence in a Jackknife Truck Collision?
If you’re planning on filing a personal injury claim, you must prove negligence. This is more than a state rule, it falls under the broad umbrella of personal injury law. Proving negligence means establishing the truck driver, company, parts manufacturer, maintenance crew, etc., acted recklessly, either knowingly or unknowingly. Yep, your injury claim may list more than one liable party depending on the cause of your jackknife trucking accident.
Some examples of when the driver may be negligent include reckless or distracted driving, speeding, failure to maintain the truck, or violation of federal trucking regulations. If the jackknife accident is caused by a faulty part, you may end up naming the manufacturer, trucking company, and/or parts supplier. All jackknife truck accidents are a little different, and this affects negligence. Since your personal injury claim may list multiple negligent parties, it helps to work with an experienced Texas truck accident attorney.
Does My Insurance Cover All of My Damages in a Jackknife Truck Accident?
The quick and short answer is no. Your auto and PIP insurance isn’t going to cover all of your damages. You really can’t get around this, even if you have full coverage auto insurance. Your PIP (personal injury protection) insurance is great. You can get financial help for things like your medical bills and lost wages.
However, it really doesn’t matter how much you have in PIP coverage. The policy is never to pay more than 80% of your medical bills and lost wages. This means you’re at least still going to have around 20% of your damages. Don’t forget about any non-economic losses. These aren’t covered by your PIP or auto insurance.
To recover your remaining damages you’ll need to file a claim against the truck driver/trucking company, etc. and this is when you prove negligence.
Will Comparative Negligence Laws Affect My Settlement Amount?
Florida has a few laws that affect jackknife truck accident claims. The Sunshine State follows no-fault insurance laws. This is why you first file a claim with your insurance provider, regardless of fault. From there, you file a claim against the negligent party for your remaining damages. This state law is pretty easy to figure out, especially compared to shared negligence.
Yep, Florida is a comparative negligence state, so you may not be completely blameless. Your actions and/or behavior may also contribute to the jackknife truck accident. For example, if you’re speeding or driving distracted when the accident occurred.
Don’t panic, at least not yet. You should still be able to recover compensation even if you’re assessed some of the accident fault. Comparative negligence lets you file a claim as long as you’re not more than 50% responsible for the jackknife truck accident. This is the good news, now it is time for the not so great part. Your compensation is going to be reduced by your percentage of fault.
So, if you’re speeding results in 10% of the blame on a potential $100,000 settlement, you’re going to receive $90,000.
How Long Do I Have to File an Accident Claim in Florida?
Unlike a lot of other states that only give accident victims two years, Florida is a little more laid back. You have four years from the date of the accident to file a personal injury claim. What happens if you try to file a claim after the statute of limitations runs out? Your claim is facing an automatic denial and there’s really nothing you can do about it.
What you may be able to do is pause the statute of limitations before it runs out. Nope, this isn’t a legal loophole giving everyone a little more time. You must meet some specific criteria to pause the filing deadline on a personal injury claim. A few reasons why you may be able to pause the statute of limitations can include,
Minors may be able to pause the statute of limitations until they turn 18 or the court appoints a guardian to oversee their legal rights. If your injuries are preventing you from participating in your claim, the statute is usually paused until you start recovering.
The court will also stop the clock on a personal injury claim if the defendant is missing. You must be able to serve the defendant with an intention to file a claim notice. If the notice can’t be served, your claim is on hold until the liable party is located.
Do I Need a Personal Injury Attorney for a Jackknife Truck Accident?
There isn’t a law saying you must have legal representation in a jackknife accident claim. You can go forward on your own and hope for the best. Just remember, you’re going up against the trucking company’s lawyers. With a personal injury attorney by your side, you’re ready to handle anything the defendant may try to reduce the value of your jackknife truck accident claim.