Chicago Jackknife Accident Attorney

Seek Fair Compensation for Truck Jackknife Accidents

A Chicago jackknife accident attorney from our firm is here to support you through your recovery process, ensuring that your medical bills and other needs are covered. A jackknife accident occurs when a semi-truck’s trailer swings out and folds to the side of the cab, like a folding pocket knife. These crashes can cause severe injuries, especially on busy highways like I-294. 

Contact a Chicago truck accident lawyer from Rosenfeld Injury Lawyers for a free consultation about your legal options. 

Settlements Recovered by Our Chicago Law Firm

$5,800,000: Mother Nicole and her daughter Audrey were driving home from a show at the United Center when a truck driver lost control of his vehicle. Both women suffered catastrophic injuries, with Audrey suffering from spinal cord injuries that left her partially paralyzed. Our Chicago truck accident law firm showed that the truck driver failed to maintain control of his vehicle due to improperly loaded cargo.

$4,000,000: Jonathan, an accountant, was a passenger in a vehicle driving back to Chicago from a work trip to Rockford. A commercial truck driver with an overloaded trailer hit the vehicle and jackknifed. Jonathan was pronounced dead at the accident scene. We showed that multiple parties were responsible for the crash, including the cargo loader and the driver.

$3,444,000: Max, a father of two, suffered near-fatal injuries when a semi-truck driver failed to properly merge onto I-90. His wife and two children were also hurt, with the daughter suffering a broken leg. A comprehensive investigation by our legal team showed that mechanical failure and distracted driving both played a role in the tractor-trailer failing to merge.

What Is the Average Payout for Jackknife Truck Accidents?

The average payout for a jackknife truck accident is $3,377,206. Compensation for personal injury cases is determined by your economic damages, like medical bills and lost wages, liability of the negligent parties, available insurance, evidence, and whether you suffered serious injuries. 

Example Jackknife Motor Vehicle Accidents

Angel May Rider, 22, struck a disabled passenger vehicle that had been previously struck by a hit-and-run driver. The two drivers then stood on the shoulder, beside the guardrail, while Rider spoke to a 911 operator. It was rainy that day, and the pavement was slick. 

A commercial vehicle driven by Paul DePass then came down the road but could not stop in time. The sudden braking caused the truck to jackknife, pinning Rider against the guardrail and severing her legs. An expert testified that the truck driver’s error was the primary cause of the accident, as DePass had not reduced his speed in accordance with commercial vehicle operator recommendations. A court awarded Rider $55,000,000.13. 

The Yoders were a family of four driving along I-90 when a sudden snowstorm caused a pileup involving multiple other vehicles. One semi-truck jackknifed, and while other trucks slowed to avoid the pileup, they ended up blocking the road. The Yoders’ vehicle then struck one of the trucks, killing 4-year-old Teagan in the backseat. 

The father, Scott Yoder, suffered a crush injury and broken bones, while his wife, Jerelyn Yoder, required 31 reconstructive surgeries for extensive facial damage. Their two-year-old son, Zachary Yoder, experienced a traumatic brain injury and will require lifelong care.

This highly complex case involved multiple insurance companies, trucking agencies, and liable individuals. The claims process lasted five years. Ultimately, the Circuit Court of Cook County awarded the grieving family $38,300,000.00. 

What Laws Help Determine Liability for a Jackknife Truck Accident Case in Chicago?

A Chicago jackknife truck lawyer from our firm will apply federal and Illinois trucking laws to determine the liable parties. Firstly, FMCSA commercial trucking regulations require the safe operation of commercial vehicles in accordance with local law, unless federal laws are more restrictive (49 CFR 392.2). 

Speeding is one of the primary causes of jackknife truck accidents. Commercial vehicle operating guidelines recommend that drivers reduce their speed by up to 1/3rd during adverse weather conditions, such as heavy snow along I-94. 

Illinois law has a maximum speed of 65 on Illinois Department of Transportation (IDOT)-controlled highways, with lower speeds for state routes and urban streets (625 ILCS 5/11-601). In Chicago, the maximum speed limit on urban streets is 30 mph (9-12-070).

Poor maintenance often causes jackknife truck accidents. Drivers may attempt to brake, only to find that they cannot stop, then make an evasive maneuver that decouples the cab from the trailer. FMCSA regulations require regular inspections and maintenance for all vehicles (49 CFR 396). 

Properly securing any cargo is essential for maintaining control. FMCSA regulations require that all loads be secured and checked to ensure adequate weight distribution (49 CFR 393.100–393.136). 

Lastly, driver error, like distracted driving, can also cause these serious accidents. FMCSA regulations forbid commercial drivers from using any handheld devices while driving (49 CFR Subpart H). Illinois also prohibits the use of handheld electronic devices (625 ILCS 5/12-610.2). 

A truck accident lawyer from our firm will negotiate with insurance companies to secure a fair settlement. This can include lost income, medical expenses, property damage, and future medical needs. We will also calculate your non-economic damages, including emotional distress and pain and suffering. 

In some cases, you will be awarded punitive damages, meant to punish the liable parties for negligence. These are treated differently from compensatory damages and may be subject to taxation (735 ILCS 5/2-1115.05).

The Illinois Supreme Court case Alvis v. Ribar affirmed the state’s use of modified comparative negligence (735 ILCS 5/2-1116). This means that all parties to a personal injury lawsuit are assigned a percentage of the overall blame. If you are less than 50% responsible, you can sue, but your percentage of blame will reduce your total compensation. 

For example, if it were determined that you were 15% liable for the truck accident, then you would receive 15% less than the highest compensation available. Working with a skilled accident attorney will ensure that you are not unfairly blamed and can receive a fair sum. 

How Long Do Wide Turn Truck Accident Victims Have to Recover Compensation in Illinois?

The personal injury statute of limitations is two years after the date of the accident (735 ILCS 5/13-202). For a wrongful death claim, you have two years after the victim’s death (740 ILCS 180/). Contact our Chicago jackknife accident lawyers as soon as possible so that we can begin settlement negotiations within the statute of limitations. 

How Our Chicago Truck Accident Attorneys Can Help You Recover Maximum Compensation

Our Chicago personal injury law firm has a 98% success rate across 5,000 cases, due in no small part to our 100 years of combined legal practice. 

An experienced attorney from our firm will perform a thorough investigation to understand how the accident occurred. This includes reviewing police reports, medical records, witness statements, and black box data to gain a comprehensive picture of the circumstances. We will also consult accident reconstruction specialists to develop a narrative of the accident, and medical professionals who can attest to what future needs you may have.

Once we have completed our investigation, we will file a claim with the Circuit Court of Cook County and begin negotiations with the trucking company’s insurer. While many truck accidents settle out of court, we are members of the Illinois Trial Lawyers Association with a peerless track record in court.

Our team works on a contingency fee basis: no fees unless we win. To schedule a free consultation with our award-winning Chicago attorneys, call us at (888) 424-5757 or use our online contact form. 

Sources: Law.com