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How fault is decided in a jackknife crash
A jackknife happens when the trailer swings out and folds toward the cab. Investigators look at the truck’s speed, how hard the driver braked, the road surface and the load. Rain, curves and downhill grades raise the risk, but the driver is expected to slow down for them. See what causes a truck to jackknife for the common causes.
When the driver was working, the trucking company is generally liable for the driver’s negligence under California law (CACI No. 3700). Fault can also be shared among several parties and drivers. Under California’s pure comparative fault rule, each party’s share reduces or adds to what is owed, and your own share does not bar recovery (Li v. Yellow Cab Co.).
Federal rules that often come up
Driver fatigue is a frequent factor. A property-carrying driver may drive at most 11 hours after 10 consecutive hours off duty and may not drive beyond the 14th hour after coming on duty (49 C.F.R. 395.3). Federal rules also bar a driver from operating while too fatigued or ill to drive safely (49 C.F.R. 392.3).
Loading matters too. Cargo must be contained, immobilized or secured so it does not shift or fall (49 C.F.R. 393.100). A load that slides forward or sideways during braking can push the trailer out of line. Bills of lading and loading records show who loaded the trailer and how, and photos of the spilled or shifted cargo help confirm it.
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Evidence that shows what happened
Engine and braking data, electronic logs, dashcam video and dispatch messages often show the minutes before the jackknife. Our page on truck black box and dashcam evidence explains what each one records. Some of this data can be overwritten, which is why it should be requested in writing quickly. Your lawyer can also ask the company to keep the tractor and trailer as they are for inspection.
After a crash with a fatality, or with a citation plus an injury treated away from the scene or a vehicle disabled and towed away, the carrier must test the driver for alcohol and drugs (49 C.F.R. 382.303). Inspection reports after the crash can also show brake or tire problems. If brakes were a factor, see semi truck brake failure crashes.
What to do now
Get medical care right away and follow up with your doctor. Photograph the trailer’s position, skid marks, the road surface and any spilled cargo. Write down witness names and numbers, the CHP or police report number and every claim number you are given. If several vehicles were involved, note where each one ended up.
Do not sign a release or give a recorded statement to any trucking insurer before speaking with a lawyer. Keep receipts for medical care, prescriptions and missed work. In California the general deadline to file an injury lawsuit is two years (Code of Civil Procedure 335.1). In Washington it is generally three years (RCW 4.16.080).
How Beverly Law can help
We ask the carrier to preserve its data and logs, review the crash report and inspection results, and look into who loaded and maintained the truck. If the crash happened in bad weather, our page on truck crashes in rain or high wind covers what drivers are expected to do.
You owe no fees or costs unless we win. Visit our California truck accident lawyer page or our Washington truck accident lawyer page. The first call is free, there is no obligation, and you can ask anything about your crash. Call (310) 552-6959 or use the form on this page.
Common questions
Is the truck driver always at fault in a jackknife?
Not always, but often. A jackknife usually follows a braking or speed decision by the driver. Another driver who cut in sharply, a loader who left cargo loose or a shop that did poor brake work can share the blame, depending on the evidence.
Can I recover if I was involved in a jackknife pileup?
Yes, if someone else’s carelessness caused your injuries. Several drivers and companies may share fault, and California lets you recover even if you were partly at fault, with your share reducing the amount. Photos and witness accounts help sort out who hit whom.
Does bad weather excuse a jackknife?
Usually not by itself. Rain, wind and wet roads are reasons for a truck driver to slow down and leave more room. Weather can be part of the story, but the question is still whether the driver and company acted reasonably for those conditions.
Who investigates a jackknife truck crash?
Police or the CHP write the crash report, and the trucking company’s insurer often sends its own team quickly. Your lawyer can hire an independent reconstructionist and request the truck’s data so you have your own look at the evidence.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Can I sue a truck driver for hitting me? · Who is liable in a truck accident: the driver, the trucking company or the broker? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · What causes a truck to jackknife? · All car and truck accident questions
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Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.