For anyone traveling on I-85 or I-385 through Greenville, sharing the road with commercial vehicles happens every day. In most cases, these massive, heavily loaded vehicles share the road safely. Unfortunately, when a truck driver loses control of the truck, causing it to jackknife, the results are usually catastrophic, leaving innocent people with serious or fatal injuries.
A jackknife accident, when the trailer swings out to a 90-degree angle, is among the most dangerous types of commercial truck collisions. It creates a massive, uncontrolled obstacle that could block multiple lanes, crush passenger vehicles, or sweep them to the side, leaving innocent drivers and their passengers with devastating injuries or the tragic loss of life.
Jackknife Accident in South Carolina: The Law Firm You Can Trust
If you or a loved one has suffered a serious injury in a jackknife accident in or around Greenville, you may be uncertain about your legal options. The trucking company’s insurance company may have contacted you.. We know how intimidating it can be to face the complex legal system while also dealing with physical recovery and financial stress. Our legal team is here to help you understand your rights and the steps you can take to seek justice.
What Causes Jackknife Accidents?
A jackknife accident occurs when a driver’s braking or steering causes the trailer to swing forward. The force and momentum of a heavy commercial truck can lead to a violent, uncontrollable skid. These accidents rarely happen without a cause, and in a large number of cases, are the result of negligence.
Common causes include:
- Driver Error: This is the most frequent cause of jackknife accidents in South Carolina. A truck driver hits the brakes too hard or very suddenly, or is driving the truck on a wet, slippery road surface. They might have taken a turn too quickly or failed to consider the weight of the cargo.
- Improper Maintenance: Faulty brakes, worn-out tires, or a defective hitch can contribute to a jackknife. Trucking companies and their maintenance crews are required to ensure their vehicles are in safe working order.
- Exceeding the Speed Limit: Driving too fast for road conditions, especially on wet or icy roads, reduces a driver’s ability to control the big rig and increases the risk of a jackknife.
- Overloaded or Improperly Loaded Cargo: When cargo shifts or a trailer is overloaded, it can change the truck’s balance and make it difficult to brake safely.
What is Negligence? Legal Factors in Truck Accident Claims in South Carolina
A serious injury claim filed after a jackknife accident is a personal injury case that is based on the legal principle of negligence. In South Carolina, a person seeking compensation must prove that another party’s negligent actions caused the accident and injuries. To do so will require establishing four elements:
- The Duty of Care: The party responsible, such as the truck driver or trucking company, had a duty of care to act in a manner that would not pose an unreasonable danger of harming others.
- Breach: They breached that duty by failing to act safely.
- Causation: The breach caused your accident.
- Damages: You suffered damages due to the injuries and other losses as a result.
The challenge in a jackknife accident is that it may be necessary to prove that multiple parties were negligent, not just the truck driver. Our knowledgeable legal team will investigate the accident to identify all responsible parties, including the trucking company, the maintenance crew, the firm that loaded or secured the cargo, or a manufacturer of a defective part.
What Is South Carolina’s Modified Comparative Negligence Law?
South Carolina operates under a modified comparative negligence system, as outlined under Title 15, Civil Remedies and Procedures. The statute outlines that if you are partially at fault for the accident, your compensation is reduced by your percentage of fault. For example, if a court determines you were 10% at fault, the total compensation you would receive would be reduced by 10%. If you are found to be more than 50% at fault for the accident, you are no longer eligible for compensation. The determination of fault is a critical point that must be managed by a skilled personal injury lawyer.
Federal Regulations and Commercial Trucks
Commercial trucks are not just governed by South Carolina’s traffic laws; they are also subject to the federal regulations under the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover a range of issues, including driver qualifications and hours-of-service, required vehicle maintenance, and the requirements for record-keeping.
Did the Driver Violate Trucking Regulations and Cause a Jackknife Accident?
When a truck driver or trucking company violates an FMCSA regulation, it can be powerful evidence of negligence. For example, a driver who has been on the road longer than allowed under the hours-of-service rules will likely be tired and more likely to make a grave mistake. A trucking company that failed to perform required maintenance could be held accountable when the truck brakes fail. We have a deep understanding of these complex federal regulations and know how to hold all negligent parties responsible and seek justice for you.
Time is of the Essence: The Statute of Limitations
After a serious injury, your focus is naturally on recovering your health as much as possible. It is essential to know that South Carolina law has a deadline that restricts the timeframe for filing a personal injury lawsuit, called the statute of limitations. For most personal injury claims in South Carolina, the statute of limitations is three years from the date of the accident, according to S.C. Code § 15-3-530.
If you do not file your lawsuit within the three-year window, you lose your legal right to seek compensation forever. Acting quickly allows a legal team to properly investigate the scene, gather and preserve evidence, and build a strong case for you.
A Legal Team Committed to Seeking Justice For You: Morris Law
The aftermath of a jackknife truck accident can be one of the most challenging times in your life. You need a legal team that is not afraid to handle complex litigation and one that truly understands your situation. At Morris Law, our founding attorney, Hunter W. Morris, is a third-generation lawyer with over 15 years of experience fighting for his injured clients. We do not treat you like a number or just another case file. We treat our clients like family.
Our approach is built on personal attention and responsiveness. Hunter and Drew meet with you and will listen carefully to your story. We ensure you have frequent updates and that you will always know what is going on with your case. When we take on a truck accident case, we are thorough in our investigation and prepared to take the case to court if needed. The goal is to recover full and fair compensation so you can rebuild your life..
If you have been seriously injured in a truck accident in Greenville or the surrounding area, we are here to help. We offer a free, no-obligation consultation to discuss your case. Please call our Greenville office at 864-865-0068 to schedule a meeting with us.
