According to a report by the Federal Motor Carrier Safety Administration (FMCSA) most jackknifing truck accidents are caused by the truck driver. If you are the victim of a truck accident where the truck jackknifes it is important to have an experienced truck accident attorney in Clayton County who can get the proper compensation.
A truck accident where the cab and trailer jackknifes is frequently caused by the truck driver being impaired, distracted, or driving at an unsafe speed due to the trucking company's time pressures. Some accidents may lead to joint liability for both the truck driver and the trucking company. The trucking company may be held jointly liable when the accident was caused by a truck driver's negligence if it can be shown that the company negligently hired the driver. This may happen under such circumstances as:
- The truck driver did not possess a commercial driver's license;
- The truck driver was not adequately trained to drive the specific type of truck involved in the accident;
- The driver did not take the mandated rest period and was encouraged to do this by the trucking company;
- The trucking company knew that the driver had failed drug tests and allowed him to drive;
- The driver lacked experience driving the cargo's weight or danger classification.
The FMCSA report found that most jackknifing accidents are caused by one or more of five reasons attributable to the truck driver:
- Driver impairment by either alcohol or some prohibited substance;
- The excessive speed given the road or traffic conditions;
- Rapid braking;
- Rapid downshifting;
- Lack of appropriate compensation for a road curve.
Event Data Recorders (EDRs) may help show if there were traffic violations or if drivers' actions contributed to an accident. The recorders can also help identify automobile defects, showing that the accident liability may belong to a truck's manufacturer. EDRs can be compared to a truck driver's personal log to determine if the driver's personally documented driving time corresponds to the computer-recorded data.
If you or someone you know has been hurt by a distracted truck driver, meet with a Clayton County truck accident lawyer at Shane Smith Law. We can assist you in every stage of your case including obtaining the available evidence. Give us a call today to receive your free consultation at (980) 246-2656