Jackknife truck accidents can result in grave injuries and substantial property damage. This type of accident happens when a truck’s trailer swings out, forming a sharp angle with the cab like a folding pocket knife. We’ll delve into what causes jackknife accidents and the process of determining who is responsible.
At the Weinstein Firm, we are here to help you get the compensation you deserve after a truck accident in Lawrenceville or anywhere in Georgia. Contact us today for a free case review.
Causes of Jackknife Truck Accidents
Jackknife accidents can be triggered by various factors, including mechanical failures, human error, and road conditions. Here are some of the prevalent causes.
- Unequal Traction: This is the primary cause of jackknifing. When a truck is moving forward and one or more of its wheels fail to grip the road surface, it may cause the truck to jackknife.
- Hazardous Weather Conditions: Icy or slippery conditions can cause the tractor to spin out and skid. Without a surface to provide traction for braking, the trailer can travel out of line and jackknife.
- Inappropriate Braking: Abrupt or harsh braking may result in the truck stopping at a different speed than the trailer, causing them to move in two different directions resulting in a jackknife.
- Novice Drivers: Lack of experience can lead to jackknifing. For instance, applying an engine retarder while driving on a wet road surface can cause the truck to jackknife.
Georgia’s Trucking Laws and Regulations
To operate a commercial motor vehicle (CMV) in Georgia, a driver must possess a valid Commercial Driver’s License (CDL) that permits drivers to operate larger vehicles, requiring additional skills and training beyond a regular driver’s license. Georgia’s CDL program is regulated by the Federal Motor Carrier Safety Administration (FMCSA) and enforced by the Georgia Department of Driver Services.
Georgia follows regulations set forth by the FMCSA. Under Hours of Service rules, commercial truck drivers are only allowed to drive a maximum of 11 hours a day after 10 straight hours off the job.
Commercial trucks using Georgia’s highways must adhere to strict weight and size restrictions outlined in GA Code § 32-6-26. These laws are in place to protect motorists and other road users and to guard against infrastructural damage to the state.
Accountability in Georgia
Truck drivers are responsible for adhering to state and federal highway safety laws as well as those concerning truck maintenance and cargo distribution. Commercial drivers may be held responsible if they:
- Overload their truck with excessive cargo
- Drive with an unbalanced truck due to improper cargo distribution
- Drive under the influence of drugs and alcohol
- Speed or drive recklessly
- Drive while texting or distracted
- Fail to notice or tend to mechanical failures
- Ignore the sleep/rest requirements provided by their employer
- Drive in an aggressive manner such as by tailgating
- Fail to use caution with improper road conditions
- Ignore cautionary signs for hazards such as curves, hills, intersections, etc.
In Georgia, accountability is determined using a modified comparative fault system. This law states that you are not entitled to financial compensation if you are more than 50 percent responsible for the accident.
If you are partially at fault, your compensation will be reduced accordingly. So if you are 10% at fault, your compensation will be reduced by 10% percent.
Legal Recourse and Compensation
Victims of jackknife truck accidents in Georgia have the right to sue for damages arising from personal injuries and property damage. If a trucking company or truck driver behaves negligently and harms someone, the victim can seek compensation. Most cases are resolved with a settlement.
Victims may be entitled to compensation for the following damages:
- Past and future medical bills
- Past and future lost wages
- Property damage
- Pain and suffering
An experienced Lawrenceville truck accident attorney will negotiate with the insurance company, help you navigate the legal process, and represent you in court if needed.
Call Our Lawrenceville Truck Accident Lawyers!
Understanding the triggers of jackknife truck accidents and how accountability is determined in Georgia is crucial for both truck drivers and other road users. By being aware of these factors, drivers can take necessary precautions to prevent such accidents and ensure the safety of all road users.
If you or a loved one has been involved in a truck accident, it is advisable to consult with an experienced personal injury attorney at the Weinstein Firm. We can help you navigate the legal system and get the compensation you deserve. Contact us at 770-HELP-NOW for a free case review.
