As quickly as possible, a person should contact an experienced truck accident lawyer to help gather evidence on the case for liability and damages. Experienced attorneys could assess the third party responsibility in your Charleston jackknife truck accident and determine a route that could lead to compensation for you or a loved one’s injuries.
It is important to get an experienced lawyer involved at the beginning of the case to analyze and develop evidence in all areas of the case to work towards the goal of having the injured parties make a proper recovery and be made whole for their injuries and damages. Contact an attorney today.
What Happens if an Accident Was Unavoidable?
If a jackknife accident is truly unforeseeable and unpreventable, the accident is not anyone’s fault. It is not likely that a jackknife accident is unforeseeable or not anyone’s fault when the rate of speed contributes to the jackknife. When a truck proceeds down a road that is arguably unsafe due to weather conditions, the appropriate thing to do is to pull over and wait out the weather, for example. Theoretically, there may be a situation where something is unforeseeable, but in practice, it is hard to imagine fact patterns where jackknifes occur that are not foreseeable when a truck driver proceeds to operate the tractor-trailer in an unsafe condition.
Is There a Limit to Liable Parties?
The number of parties involved in a Charleston jackknife truck accident injury case is specific to each case. If only the driver of the tractor-trailer is injured, they may have a workers’ compensation claim if something was not done properly with the maintenance of the vehicle or if they were ordered to proceed into a situation that was dangerous.
If the jackknife occurs and hits one vehicle, the driver and passengers in that vehicle are parties to the action. The number of vehicles involved in the accident and the number of people who are injured determines the number of parties involved in that type of accident case. Conceivably, there is no limit to third party responsibility in Charleston jackknife truck accidents.
Preventative and Routine Maintenance on Trucks
In South Carolina and all over the country, trucks are governed by the Federal Motor Carrier Safety Regulations issued by the Federal Motor Carrier Safety Administration. Tractor-trailer drivers should conduct a safety inspection before they begin a trip to make sure that the tractor and the trailer are in a safe operating condition.
A tractor-trailer driver should follow the law, regulations, and rules. If an inspection reveals something that is not right or unsafe, the driver needs to report that to their employer to have the appropriate repairs made. The employer has a duty to maintain the trailer and the tractor in a safe operating condition. If an employer forgoes maintenance on a rig and the driver of that rig was to crash into a victim on the road, then that victim could have a case against the employer of the driver. This type of case would constitute third party liability in a Charleston jackknife truck accident.
Speak with a Knowledgeable Attorney Today
Accidents in South Carolina involving a tractor-trailer are complex legal and medical cases because the injuries are often so severe. Many times, there is a wrongful death case given the weight of the tractor and the trailer even when it is not carrying a load. The weight of both together when there is a load contributes to serious injuries or fatalities.
The tractor-trailer company has scores of lawyers, adjusters, private investigators, and accident reconstructionists to work on avoiding the responsibility for their driver’s actions. They are complex and difficult cases involving the Federal Motor Carrier Safety Regulations and state laws.
Instead of fighting these large companies on your own, you should work with an attorney who could help you assess third party responsibility in Charleston jackknife truck accidents. Call today to start your confidential consultation.