Norcross Jackknife Truck Accident Lawyer
A jackknife accident occurs when a tractor-trailer comes out of alignment, causing the truck to swing either left or right into other lanes of traffic. When this happens, the truck driver could lose control of the entire tractor-trailer, and it could turn over. Jackknife truck accidents can have a devastating impact on other vehicles.
Due to the sheer weight and size of an out of control tractor-trailer, the truck could extend over 40 feet and block an entire roadway. If this happens, a motorist may have no way to avoid a collision, causing catastrophic damage.
As a result, if you have suffered great losses in a collision, you should seek the services of an experienced Norcross jackknife truck accident lawyer. A dedicated truck crash attorney could investigate your case and build a strong case seeking maximum compensation for your injuries.
Causes of Jackknife Accidents
Truck drivers may lose control of their tractor-trailers if they have faulty equipment, such as an improper load on the trailer or poorly adjusted brakes. Other factors that may be out of the driver’s control and could contribute to a Norcross jackknife wreck include soft shoulders, poorly maintained roads, and weather conditions such as rain, ice, or snow.
Unfortunately, these accidents may also occur due to the negligent actions of a truck operator. If the trucker is driving too fast, they could lose control of their vehicle when they try to change directions or travel near a curve. Another common cause of jackknifing involves abrupt corrective maneuvers that the driver may make in response to road conditions or due to distracted driving. Hills, curves, and other motorists could also create conditions that would make it more likely for a truck to jackknife.
Sources of Liability
A Norcross jackknife truck accident attorney must prove negligence on the part of one or more of the parties involved to establish liability with a commercial vehicle. The likelihood jackknifing does not have to be seen or anticipated by the driver to prove negligence. Instead, legal counsel must determine whether the truck operator or company made decisions or failed to take reasonable care to operate and maintain the vehicle to avoid a crash.
Multiple parties could be involved in a truck wreck lawsuit. Some actors who could be held liable in a jackknifing claim may include:
- The individual or company responsible for the maintenance of the truck;
- The manufacturer of the trailer, cab, and any vehicle parts;
- The workers and shipper loading the cargo;
- The owner of the tractor-trailer and/or truck;
- The truck driver; and
- The company that leased the truck.
If an injured party is partially at fault for their accident, this may impact their recovery. In a civil lawsuit, a claimant may recover damages as long as they are 49 percent or less at fault. However, the court may reduce their compensation by the percentage corresponding to their share of liability. For example, if the injured party is 20 percent at fault, the truck driver may be liable to pay 80 percent of their damages.
Time Limits to File a Lawsuit
Official Code of Georgia Annotated §9-3-33 allows claimants two years from the date of their accident to file their lawsuit with the courts. However, this may differ depending on the situation.
For instance, if a jackknife accident in Norcross caused someone to die, and their family wishes to bring a wrongful death lawsuit, the deadline for filing that type of claim is also two years. This statutory clock would not begin until the date of the death.
Additionally, if someone wishes to file a claim for only property damages, O.C.G.A. §9-3-31 permits them to submit their case within four years from the date of the crash. If a claimant misses this deadline, the court may bar them from pursuing compensation. A jackknife truck accident lawyer in Norcross could help an injured victim file a claim promptly.
Contact a Norcross Attorney to Discuss Jackknife Truck Accident Claims
An accomplished Norcross jackknife truck accident lawyer could review your case if you were recently involved in a collision. Our compassionate and caring attorneys could help you seek the damages you lost in a devastating accident. To get started on your case, call today.