Author: Jon Montagna

Truck accidents can be terrifying and oftentimes catastrophic. To avoid colliding with the biggest vehicles on the road, many drivers strive to avoid being near them at all costs. However, it is inevitable that you will be next to or in front of a big rig at some point during your travels. You may even witness or become involved in a jackknifing accident. If you or your loved one have been seriously harmed in a trucking accident, Montagna Klein Camden can help. Our Virginia truck accident attorneys are experienced and want to help you get compensation for your injuries.

What is Jackknifing?

Among the different types of accidents that can occur, jackknifing is unique to a semi-truck and can involve collisions with passenger vehicles. Jackknifing is when the trailers on larger trucks fold and swing in on themselves at a 90-degree angle and push the cab forward. The front of the truck or cab suddenly stops, and the attached out-of-control trailer continues moving and ends up sliding to one side. This action creates the shape of the folding blades of a pocket knife, giving the accident type its name.

Where Do Jackknifing Accidents Mainly Occur?

Crash data compiled by the National Highway Traffic Safety Administration, or NHTSA, show that jackknife accidents made up 2.5% of all truck accident cases in 2020. While this may not seem like a high amount, this type of accident is dangerous for both the commercial truck driver and any vehicles in the vicinity of the accident.

Jackknifing accidents can occur anywhere semi-trucks travel; however, they mainly occur on major highways and roads. In Virginia, these types of truck accidents are more likely to be found on I-81 or I-95 over a local road.

Trucks driving in high-traffic areas increase the chances of a jackknife occurring due to the volume of vehicles and even weather conditions. When one happens, several passenger cars can be involved in a crash and result in more injuries.

Why Does Jackknifing Happen?

Motor vehicle accidents, in general, can occur due to a variety of causes in Virginia. Jackknifing by big rigs, however, happens due to risk factors unique to large commercial trucks. These risk factors include size and weight.

More specifically, jackknifing usually happens because the large vehicle loses traction. The truck needs static friction between the tires and the ground to maintain traction. When that static friction is lost, the truck can begin to slide, with the tires failing to grip.

Here are the most common reasons for jackknifing to happen.

Braking

Improper braking, whether due to driver error or a faulty braking system, can lead to a skid and jackknifing. Slamming on the brakes can lock up the front tires, but the truck’s rear tires can keep moving, and the momentum can send it forward when the cab has already stopped.

Speeding

Jackknife accidents can occur when a truck is traveling at high speed. Due to their size and weight, especially when full of cargo, trucks are harder to slow or stop when encountering an obstacle, such as a road barrier, or when approaching stopped traffic. Even tapping the brakes can cause sliding. Truckers are usually on a defined schedule and may travel at unsafe speeds to meet stringent delivery deadlines.

Road Conditions

Road conditions in Virginia can play a significant role in jackknifing accidents. Neglected or improperly maintained roadways, such as those with broken pavement, potholes, or obstructed shoulders, can cause jackknifing. Also, slippery roads due to ice or rain are dangerous for anyone, especially trucks. When tires come in contact with these surfaces, a solid grip will be difficult.

Quick Turns

Making quick turns is another reason a truck can jackknife. Turning the wheel quickly without considering the length and weight of the tractor-trailer can cause it to swing out as the truck steers in one direction. This swinging of the trailer can cause a car accident as those vehicles pass or remain in its path.

Empty Trailer

An empty trailer is lightweight compared to a full one and can more easily result in a jackknife. When the trailer is full of cargo, there will be more friction with the pavement. When it is empty or only partially loaded, there is less friction, and the trailer swings accidentally and moves forward.

When any of these cause a truck to jackknife, you only have seconds to react when nearby in a passenger vehicle. For this reason, you are at an extremely high risk of sustaining serious injuries. If this happens, consider requesting a free case evaluation, filing a personal injury claim, and working with an experienced truck accident lawyer.

How Can You Protect Against a Jackknifing Accident?

Drivers of large trucks must follow all federal rules and regulations for their vehicle, and this includes completing required certifications and tests, taking frequent breaks according to FMCSA hours of service guidelines, and refraining from alcohol or drugs. Drivers must also maintain their trucks and make regular inspections, and when driving, they need to turn cautiously.

Even if they do all of this, staying cautious near big rigs is imperative to your safety and that of your passengers. Smaller cars must understand that trucks take longer to brake and require more room for changing lanes. Since we all have to share the road, knowing how to drive defensively in your motor vehicle can help prevent or limit accidents.

The Federal Motor Carrier Safety Administration provides the following prevention tips for motorists to help prevent truck crashes.

Avoid Blind Spots

Avoid staying in a truck’s blind spot. To determine when you are in one of these spots, see if the driver’s face shows up in their side mirror. If not, you are blind to them.

Lookout for Wide Turns

Trucks require extra time and space to strategically and cautiously make wide turns. Watch for big rigs making wide turns, and wait until the turn is complete before continuing. Also, if the truck is making a right turn, it may need to do so from a lane further out.

Maintain Safe Following Distance

Maintaining a safe following distance is crucial to your safety. Trucks may need to brake suddenly or slip backward when going up an inclined part of the roadway. You want to be far enough back to avoid a collision if either of these happens.

Practice Patience

Instead of losing patience or becoming overly frustrated, understand that trucks are heavy and large. They need more time to turn, accelerate, and merge. Stay back and give them space while remaining patient.

What Kinds of Injuries Are Associated with Jackknifing Accidents?

Jackknifing accidents often involve other vehicles, meaning there are usually injuries involved. The most common injuries sustained in truck crashes in Virginia include the following.

Traumatic Brain Injury

Traumatic brain injuries can occur when you receive a head injury, such as with a sudden jolt, collision with an object, or penetration of the skull. Due to the sheer size of trucks, a jackknifing accident can result in intense trauma to the head and brain and require extensive medical treatment.

Neck and Back Injury

The impact often encountered in a crash can injure the neck and the back. You may experience whiplash, herniated discs, compression fractures, or a spinal cord injury. These injuries often present delayed symptoms, such as mild or severe lumbar pain and stiffness or numbness in the lower extremities. Back and neck injuries will need to be diagnosed and treated after the accident.

Concussion

A common injury sustained by truck accident victims is a concussion. This injury can result from a blow, strike, jolt to your head, or shaking of the brain violently. A crash can violently force your head forward, causing your brain to slam into the skull. Symptoms often include severe headaches, difficulty concentrating, loss of memory, and problems with coordination and balance.

Broken Bones

Due to the force involved in accidents, broken bones can happen in different parts of the body. These breaks can be hairline or compound fractures and other types as well and require long-term treatment to heal properly.

Spinal Cord Injury

Spinal cord injuries are serious, and in a crash, you may sever your spine and be left partially or fully paralyzed. You may experience ligament, disk, or nerve damage and lose feeling or mobility from such severe injuries.

Wrongful Death

Fatalities can happen to those involved in a jackknifing accident. This sudden and unexpected death may be due to the truck driver’s negligence, and if so, survivors of a family member may want to file a wrongful death lawsuit.

What Types of Benefits Can You Receive After a Jackknifing Accident?

Following a jackknifing accident, a personal injury attorney can determine which benefits you may be eligible to receive. Here are some common ones you can receive after a truck accident in Virginia.

Medical Bills

Injuries sustained during the accident can leave you with high medical bills. Damages can cover any visits to the emergency room, doctor treatments, surgery expenses, prescriptions, and more.

Lost Wages

Missing work while healing from injuries can result in a loss of income. You may be able to receive damages to cover your hourly wages or salary for the lost time and also benefits you missed out on while away from your job, such as 401k earnings and healthcare coverage.

Pain and Suffering

Damages for pain and suffering compensate you for emotional distress, anxiety, anguish, and loss of a loved one.

Loss of Companionship

Damages for loss of companionship are for the sudden loss of a parent or spouse, which can result in a loss of income in the household and more.

What is the Difference Between a Jackknife Accident and a Rollover Accident?

Tractor-trailers are often involved in both jackknife and rollover accidents. These two types of accidents may result from speeding, mechanical failures, poor road or weather conditions, or unsafe turns. However, in a rollover accident, the semi-trailer has fallen over on one side, whereas in a jackknife truck accident, the trailer is still standing upright, although it is pushed forward at a 90-degree angle.

Should You Hire an Attorney After a Jackknife Accident?

After a jackknife truck accident, hiring an attorney will be highly beneficial, as liability insurance companies and adjusters are never willing to hand over fair compensations. Your personal injury lawyer can negotiate with each insurance company on your behalf and take your case to court should you decide to sue.

All too often, some form or level of negligence is involved in a jackknife crash. Your truck accident attorney will compile and evaluate all the evidence and identify all the liable parties, which may include the driver and the trucking company, as well as others. With legal representation, you have a better chance of receiving a higher payout to meet your needs and hold those responsible accountable for their actions.

Do You Know Your Legal Options After a Truck Accident?

Following a truck accident, you need to know your legal options. The experienced personal injury lawyers with Montagna Law can help. We will provide the legal advice you need to make informed decisions and work side-by-side with you to seek deserved compensation. We value our clients and will work diligently for you and your family. If you live in the Hampton Roads area, including Virginia Beach, Norfolk, Chesapeake, Portsmouth, and Suffolk, contact our law firm today by calling 757-622-8100 or using the online contact form to schedule your free consultation and case review.

Every time we get behind the wheel, we know there is some risk involved. All it takes is a single mistake to turn our lives upside down.

A lot of the time, the error was not our own. It was someone else who happened to be texting while driving or had one too many alcoholic drinks and made the wrong choice to get behind the wheel. Before we know it, we are facing months, or even years, of recovery, battling insurance companies, paperwork, and even court cases. Should you hire a personal injury attorney? If so, when is the right time to do it?

The reality is, not every case is so open and shut, even if you believe you are in the right. You can be 100% sure that the other party caused the accident, leaving you injured and buried in hospital bills, but there are always two sides to every story. Insurance companies often will want to investigate the claims further, holding out from paying as long as possible. Even if they do agree to a settlement, it is certainly not going to be a generous offer.

Let us look at why you should consider hiring a personal injury attorney and when you should do it:

Why You Should Hire a Personal Injury Attorney

The law is complicated. Most of the time, you are going to face an uphill battle to receive the settlement you think you deserve. So many variabilities exist that, unless you know your way around the law, it is going to be nearly impossible to navigate your way to victory. Hiring a lawyer does not guarantee a win, even if they have a great track record.

So, you might be thinking about what the value of hiring a personal injury lawyer might be. What you may not expect is that the other party’s insurance company will probably hire a defense attorney to challenge your claims. In this situation, you would certainly be at a disadvantage at a time when you are still recovering from a major accident. Are you up to subjecting yourself to months or even years of paperwork and stress on top of what you are already going through?

The main benefit of hiring a personal injury attorney is the fact that you get to sit back, relax, and leave the work to someone who knows what they are doing. The casework will be completely on their shoulders. At the very least, you should seek out a consultation with a local attorney to see what the possibilities are. It may be a simple case you can settle in court or see if it is worth holding out for a larger settlement with their help.

When Is the Right Time to Hire a Personal Injury Attorney?

When looking at whether you should hire a personal injury attorney, you must look at your opposition. The odds are good that the other party and/or their insurance company, which has deep pockets, will also have personal representation on their side. Unless you have your own experience and dedicated knowledge of the law yourself, hiring an attorney is a good idea. In order to win the case, there are a lot of factors that need to be worked out.

Every moment counts and whether you realize it or not, the other side is already preparing their defense. They are looking at the facts, interviewing witnesses, and even have their own copy of the police report. Their job is to put a spin on the details of the case to ensure the judgment is ruled in their favor. That means you have little time to spare to even out the odds. They will have experience on their side, having fought the same battle hundreds or even thousands of times before. Insurance companies do not make money by paying out large settlements and will use every trick in the book to keep from paying you a dime.

Once you decide you need a heavy hitter on your team, you should call them immediately. In fact, it is best to call a personal injury attorney right after the accident happens. That means your memory of the incident is still fresh in your mind and your lawyer can get right to work representing your interests. The longer you wait, the more difficult it will be to recall every detail.

Are There Any Other Benefits to Hiring a Personal Injury Lawyer?

The simple answer to this question is a resounding yes! There are plenty of additional benefits you probably will not think of at the time you need to make the decision. One of those is a lawyer’s ability to investigate the accident.

The police will have their own investigation, as well as the insurance company. But lawyers have their own personal investigators, detectives, and even employees of the court who can help put your case together. You will truly have a team at your side to guide you.

Another benefit to hiring a personal injury attorney is how the insurance company often reacts to the news that you have representation. It is a fact that they will often offer higher settlements than they would if you didn’t. They usually think they can pull the wool over your inexperienced eyes, but if you have seasoned representation by your side, they know you are not playing any games and will shell out more money to make the situation go away. You may choose to accept the higher settlement if it means you get paid, the bills get taken care of, and you don’t have to battle in court.

Really, hiring an attorney to help you through this difficult time in your life is a personal one. Unless you know your way around the law and a courtroom, it is advisable to hire someone who is battle-tested and ready to represent your interests. You shouldn’t face the insurance company on your own. To learn more about hiring representation or to schedule a free consultation contact us through online form or call (757) 622-8100 today.

Montagna Law
425 Monticello Ave
Norfolk VA 23510
(757) 622-8100

Social accounts
https://www.facebook.com/MontagnaLaw/

If you’ve sustained an injury during an accident, you may be wondering whether you should handle the case yourself or hire a personal injury lawyer. Filing a personal injury lawsuit requires a comprehensive knowledge of the complex legal system and specialized skills and training that a personal injury lawyer can offer you. 

Unfortunately, we’ve seen many individuals attempt to handle their own personal injury lawsuits and fail. There are countless studies proving that a plaintiff represented by legal counsel will net more than three times the money than had they handled their own claim. A claimant generally lacks the knowledge to prove liability and truly validate the severity of the injuries they’ve sustained. 

If you’ve been involved in any of the following situations or suffered very serious injuries as a result of an accident, you should get in contact with us right away. 

You’ve Suffered Long-Term or Permanently Disabling Injuries

If you’ve sustained injuries in an accident that will require long-term care, have left you permanently disabled, or significantly affect your physical abilities or appearance require the assistance of a personal injury lawyer. It can be difficult in these situations to calculate how much the injuries you’ve sustained are worth and furthermore, it’s challenging to determine how your injuries will affect your earning capabilities over time. You need a lawyer with an extensive knowledge of this process to pursue all applicable forms of compensation for your injuries and loss.

You’ve Suffered Significant Injuries

The amount of compensation you ultimately receive is largely dependent upon the severity of your injuries which is measured by the dollar amount of your medical bills, the type of injuries sustained, and the length of your recovery. The higher your potential compensation amount, the more likely you are to surpass the policy limits of the at-fault party’s insurance policy, which means that the insurance company may only pay you a fraction of what you deserve. Hiring a personal injury lawyer ensures that you will receive the total amount of compensation that is owed to you.

Several Parties Are Involved or Fault Is Not Clear

If you were involved in an accident where several parties could potentially be liable for the injuries you sustained, you should contact a personal injury lawyer. When multiple parties with multiple insurance companies are involved, it can become very complicated to juggle. Several people may have been injured during the accident which means there won’t be as much settlement money when split between the involved parties or you could ultimately have your settlement reduced due to your proportional fault in the accident. 

When Medical Malpractice Is Involved

If you have suffered an injury or illness due to unprofessional, incompetent, or negligent conduct at the hands of any medical care provider, you will find yourself overwhelmed taking into account both the medical and legal laws in your particular case. We do not recommend attempting a medical malpractice case on your own as they can become very complex.

When You’ve Sustained Toxic Exposure

It can be difficult to prove that you’ve fallen ill due to exposure to contaminants in products, food, or in the air, soil, or water. These claims often require complex scientific data and evidence that can be very hard to come by, particularly because the chemical and other similar industries have protected themselves so diligently from legal trouble. This is yet another situation where we strongly recommend against going it alone.

When the Insurance Company Refuses to Pay

In some circumstances, insurance companies simply refuse to make a settlement offer or one that is fair. If you find yourself in this situation with the at-fault party’s insurance company or negotiations with said insurance company have broken down, contact a personal injury lawyer right away. 

If you have been involved in any of the situations described above or find yourself in need of a personal injury attorney, contact us right away. We will represent your best interests in settlement negotiations with the at-fault party’s insurance company and will do so in court if that is determined to be the best course of action.

A preexisting injury or medical condition refers to injury or condition that you suffered prior to the injury for which you are currently filing a lawsuit. In this situation, you are required to disclose the presence of any preexisting injury. Having a preexisting injury or condition won’t keep you from recovering damages when you file a personal injury claim in Norfolk but it is considered when calculating an award for damages and may impact the value of your claim. 

What is considered a preexisting injury or condition?

While any injury or condition that existed before you sustained new injuries can be considered a preexisting medical condition, the most important in a personal injury case are those that affect or interact with the new injuries. These are a few common examples of preexisting injuries:

• Injuries that have not healed properly or are still in the process of healing
• Injuries you have sustained from a previous, unrelated accident
• Medical conditions that surface only during times of stress
• Birth defects or congenital abnormalities

Preexisting injuries can be aggravated by a new injury to the same part of the body and that aggravation can increase resulting pain and suffering and delay your recovery. 

Why you need a personal injury attorney

Without an attorney, you have to defend your medical history and prove that your current injuries are largely due to the accident and not your preexisting medical condition. In order for your previous injuries to significantly impact your personal injury claim, you have the burden of proving that your preexisting injuries have a causal relationship with your current injuries. An attorney is able to defend your medical history and prove that your current injuries are primarily due to your recent incident and not your prior medical condition. 

In order for an attorney to properly prepare for your particular situation, it is imperative that you disclose your prior medical history, no matter how unrelated your current injuries may seem. An attorney can then employ past medical records and diagnostic tests and compare them with past records and tests to determine how the accident worsened the preexisting condition. The attorney can also use clinical records to compare the plaintiff’s extent of necessary care, degree of pain, or disability before and after the incident. 

If you or a loved one is pursuing a personal injury claim and has a preexisting condition, it is imperative that you contact a knowledgeable personal injury lawyer at Montagna Law for assistance. We’ll help you to understand how your preexisting condition may impact your claim, why the defendant might use it to discredit your new injuries, and how you can help us to present the most effective case under your particular circumstances.

If you’ve been wrongfully injured and are looking to file a personal injury claim, you probably have hundreds of questions about the process of hiring a personal injury lawyer, preparing for your settlement or trial, and the aftermath of the case. We are here to take the guesswork out of what you can expect in a consultation with one of our personal injury lawyers.

Your first meeting with a personal injury attorney is important because it gives you a chance to learn more about the process of filing personal injury claims and it also allows you to evaluate the lawyer’s level of expertise in a case such as yours.

-Jon Montagna

You can expect to have an open discussion with your attorney about the following topics:

Understanding the legal process

An experienced lawyer is aware that the legal process can be difficult to understand for the common citizen so they will take the time to explain how best to proceed with your case for a favorable outcome. Your attorney should walk you through the legal process step-by-step and give you a look into the behind-the-scenes action that leads up to the culmination of your trial and the aftermath. 

Filling out documents, legal briefs, and requests for replies can be time-consuming and your attorney should discuss these steps with you.

Examining your case

It’s important that you are completely open and honest with the personal injury lawyer you are meeting with in order for him or her to decide how best to proceed with legal action. They will ask you the who, what, when, where, and why of your case, which will lead to a detailed discussion of the specifics surrounding your case. It’s important to remember that the lawyer is not making you relive what was potentially a traumatic event for any other reason but to get you the best results possible.

Setting expectations for your role in the case

You play a significant role in the outcome of your case. At your first consultation, the personal injury lawyer should walk you through the steps you need to take in order to ensure success. This may include never missing doctor appointments and being completely open and honest through every step of the process. 

Discuss fees and communications

Whether you’ve decided to move forward with the personal injury lawyer or not, he or she should explain the next steps and everyone’s responsibilities as you proceed, including fees. They should explain to you the fee agreement which includes what services the law firm will perform and how and when they should be paid. Make sure you understand all aspects of the costs and ask for an estimate of what you will be required to pay. 

Once you understand all money-related aspects, your lawyer should discuss how the case will proceed. They should understand the goals for your claim and explain how they will help you achieve them.

How to decide if the personal injury lawyer is right for you

You should not feel like you have to commit after the first consultation. It’s wise to shop around to find someone you feel comfortable with and someone you feel can get you the best possible outcome. In this case, it’s important to remember that the lawyer is not the only one that should be asking questions. It’s a good idea to treat this like an interview to determine if he or she is right for you. 

Use the conversation to gauge if this particular personal injury lawyer has experience with your situation. For example, if you’ve sustained a spinal cord injury, you want a lawyer who has experience with proving these injuries and obtaining fair compensation – someone who has connections with experts who can testify how your injuries will impact your future. The more experienced the lawyer is with the specifics of your case, the more likely they are to obtain a favorable outcome. 

While many lawyers will offer online consultations, we don’t recommend proceeding with someone until you’ve met them in person. 

If you’ve been through a traumatic experience, the most important thing to focus on is healing from the situation. The last thing you’ll want to do is spend all of your time fighting to be compensated for it. At Montagna Klein Camden, we will support you and do all the difficult legal work for you so that you can focus on recovery. If you’ve been injured, meeting with one of our personal injury lawyers will help take the stress of the case out of your hands and place the task on someone with the expertise to achieve the compensation you deserve.