Skip to main contentSkip to main content

Truck Accidents

What to Do After a Jackknife Truck Crash in Florida

How a jackknife happens, what proves why it happened, and the steps that protect your claim in the first days and weeks.

Josef Timlichman
By Josef Timlichman

·6 min read

In a jackknife, the tractor and trailer fold toward each other at the hitch, like a pocketknife closing. The trailer swings out to the side and can sweep across two or three lanes in a second or two, so many of these crashes involve several cars.

In Florida we see jackknifes in sudden afternoon downpours on I-95, I-75, I-4, and the Turnpike, on curved ramps taken too fast, and when a truck brakes hard after following too closely. When the tractor's wheels lock or lose grip, the trailer's momentum pushes it forward and around. Speed too fast for wet pavement, late braking, a lightly loaded trailer, shifting cargo, and brakes out of adjustment on some axles all make that more likely.

A jackknife is rarely "just the rain," which every Florida truck driver is trained to expect. The real issue is why this truck lost control when others did not, and the answer is usually in the truck's own data and records.

1. Get medical care and make sure the crash is documented

See a physician right away, even if you feel only shaken. Under Florida's no-fault law, personal injury protection (PIP) medical benefits generally require that you receive initial services and care "within 14 days after the motor vehicle accident" (§ 627.736(1)(a), Fla. Stat.).

Florida requires a long-form crash report for any crash involving a commercial motor vehicle (§ 316.066(1), Fla. Stat.). Get the report number before you leave.

“within 14 days after the motor vehicle accident”

§ 627.736(1)(a)

2. Capture the scene before it is cleared

If you can, or if a family member can return quickly, photograph the final position and angle of the tractor and trailer, tire marks, the lanes the trailer crossed, and debris. Curved tire marks often show where the trailer began to swing. Photograph the cab door, which normally shows the carrier's name and USDOT number, and the trailer's number. Get witness names and phone numbers, and note the weather and any standing water.

3. Send a preservation letter to the motor carrier immediately

The key evidence belongs to the trucking company, and some of it is kept only briefly. A preservation letter is a written demand that the carrier and its insurer save specific evidence. We send it within days, and it asks for:

  • The engine control module and any other electronic data showing speed, braking, throttle, and cruise control before the crash.
  • Electronic logging device (ELD) records and the supporting documents for the trip.
  • Forward-facing and driver-facing camera footage, which many systems record over unless it is saved.
  • Driver vehicle inspection reports, which a carrier must keep for three months (49 CFR 396.11(a)(4)).
  • Maintenance, repair, and inspection records for the tractor and trailer (49 CFR 396.3(b)-(c)) and the most recent annual inspection report (49 CFR 396.21(b)(1)).
  • Bills of lading, load diagrams, weight tickets, and dispatch messages.
  • Post-accident alcohol and drug test results (49 CFR 382.303).

4. Look closely at speed, weather, and following distance

Federal safety rules require truck drivers to use "extreme caution" when conditions such as rain reduce traction or visibility, and they state that "Speed shall be reduced when such conditions exist" (49 CFR 392.14). Florida law separately bars any driver from following "more closely than is reasonable and prudent" (§ 316.0895(1), Fla. Stat.). Engine data and camera footage often show the truck's speed and whether the driver braked late. A carrier also may not schedule a run that would require speeding (49 CFR 392.6), so delivery deadlines matter.

“extreme caution”

49 CFR 392.14

5. Examine the load and the brakes

Federal cargo rules require cargo to be secured to prevent shifting that affects a vehicle's "stability or maneuverability" (49 CFR 393.100(c)). The driver must inspect the cargo and securement devices within the first 50 miles of a trip and reexamine them at each change of duty status, after 3 hours of driving, or after 150 miles, whichever comes first (49 CFR 392.9(b)), with limited exceptions for sealed loads.

Brakes matter just as much. All brakes on a commercial vehicle "must at all times be capable of operating" (49 CFR 393.48(a)), and carriers must "systematically inspect, repair, and maintain" their vehicles (49 CFR 396.3(a)). Uneven brakes can lock some wheels before others and start a jackknife, so we ask that the tractor and trailer not be repaired or scrapped until both sides inspect them.

“stability or maneuverability”

49 CFR 393.100(c)

“must at all times be capable of operating”

49 CFR 393.48(a)

6. Identify everyone who may share responsibility

Depending on the facts, responsibility may extend beyond the driver. A motor carrier has a federal duty to require its drivers to follow the safety rules (49 CFR 390.11). The trailer owner may be a different company. A shipper may have loaded the trailer, or a repair shop serviced the brakes. A freight broker, defined as one who arranges transportation "by an authorized motor carrier" (49 CFR 371.2), may have arranged the load, and whether it shares responsibility depends on its role. A component maker may be involved if a brake or anti-lock system failed. We sort out these relationships early through contracts, leases, and records.

“by an authorized motor carrier”

49 CFR 390.11

7. Do not give a recorded statement to the trucking company's insurer

Trucking insurers often send adjusters quickly. You are not required to give them a recorded statement, and what you say may be used to argue you were speeding or in the wrong lane. Avoid posting about the crash online, and refer the insurer to your attorney.

Florida rules that matter

Deadline. For negligence claims arising after March 24, 2023, Florida generally allows two years to file suit (§ 95.11(5)(a), Fla. Stat.), and two years for wrongful death (§ 95.11(5)(e)). Truck evidence disappears much sooner.

Fault. Florida uses modified comparative fault. Your damages are reduced by your share of fault, and a person found "greater than 50 percent at fault for his or her own harm may not recover any damages" (§ 768.81(6), Fla. Stat.). Each defendant pays according to its own percentage of fault (§ 768.81(3)), and a defendant that blames a nonparty must plead that nonparty's fault (§ 768.81(3)(a)).

Insurance minimums. A for-hire carrier hauling nonhazardous property in interstate commerce in a vehicle of 10,001 pounds or more must carry at least $750,000 in public liability coverage, with higher minimums for certain hazardous materials (49 CFR 387.9). For trucks that operate only within Florida, minimums range from $50,000 to $300,000 per occurrence depending on vehicle weight (§ 627.7415, Fla. Stat.). These are floors, not ceilings.

“greater than 50 percent at fault for his or her own harm may not recover any damages”

§ 768.81(6)

Your checklist

  1. Get medical care within 14 days, and keep every appointment.
  2. Get the crash report number and the carrier's name and USDOT number.
  3. Save your photos, video, and witness contact information.
  4. Have a preservation letter sent to the carrier within days.
  5. Keep a written record of symptoms, missed work, and expenses.
  6. Do not give a recorded statement to the trucking insurer.
  7. Talk with a trial lawyer well before the two-year deadline.

How we handle these cases

Jackknife cases turn on the data. We move quickly to lock down the engine and camera data, logs, load records, and maintenance history, and we work with reconstruction professionals and engineers to show why the trailer swung. We handle truck cases throughout Florida, including Miami-Dade, Broward, Palm Beach, Tampa, Orlando, and Jacksonville. Meetings are by appointment only. Call 305-748-3789 to talk with us about your case.

This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.

ShareLinkedInEmail