Who Is Responsible for a Jackknife Accident?

“Jackknifing” is one of the most dangerous things that can happen to a commercial truck on a public highway. Jackknifing describes a scenario where the trailer of a semi-truck pushes the cab to one side, creating a shape that resembles a pocket knife or jackknife. While such accidents are often the result of negligence on the part of the semi-truck driver, other factors may play a significant role in these crashes, including an improperly connected trailer.

Georgia Appeals Court Revives Truck Driver’s Lawsuit Against Truck Owner

Indeed, the Georgia Court of Appeals recently reinstated a personal injury lawsuit brought by a semi-truck driver against the company that owned a truck he drove during a jackknife accident. The driver alleged the accident resulted from the owner’s negligence. The owner, in turn, said the driver was 100-percent at fault for what happened.

The case, Albright v. Terminal Investment Corporation, arose from a May 2019 accident. The plaintiff was hired to drive the defendant’s truck. When the plaintiff took possession of the truck, the trailer was already connected.

While driving, the plaintiff attempted to make a U-turn, at which point the truck jackknifed. The plaintiff lost control of the vehicle, which collided with another truck. The force of the impact ejected the plaintiff from his truck, and he ended up unable to work for over a year due to his injuries.

The plaintiff subsequently sued the truck owner for negligence. Specifically, the plaintiff presented expert testimony establishing that it was the defendant’s employees who failed to properly latch the cab of the truck to the trailer. This caused the trailer to become “lodged under the cab.” When the plaintiff then tried to make his U-turn, the truck cab made contact with the cab and the vehicle jackknifed.

The defendant moved for summary judgment, alleging the plaintiff’s negligent driving was the sole cause of the accident. The trial court agreed with the defense and granted summary judgment. The Court of Appeals reversed, however, and held that the plaintiff’s case could proceed to trial.

As the appellate court explained, there was “some evidence” that the defendant’s employees failed to properly latch the trailer to the cab. There were also the opinions offered by the defendant’s expert. At a minimum, a jury could find that both the plaintiff and the defendant were responsible for the accident. Georgia follows a “comparative fault” rule in personal injury cases. This means that if the plaintiff’s driving did contribute to the accident, he might still be able to receive some compensation from the defendant if its negligence also played a part. The trial court therefore acted prematurely in granting summary judgment to the defendant.

Contact Hawkins Spizman Trial Lawyers Today

Commercial trucking accidents often involve complex factual and legal issues that require expertise to properly sort out. That includes the expertise of a qualified Atlanta personal injury lawyer. Call Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=1cc145ae-da77-44a2-8ce0-a7c4fcce4100