A jackknife happens when a tractor-trailer’s trailer swings out and folds toward the cab, often blocking several lanes at once. In Georgia, fault for a jackknife crash depends on why the truck lost control, and more than one company can share responsibility. Here is how fault is usually decided and what evidence shows it.
Why Trucks Jackknife
A jackknife usually starts when the truck’s wheels lose traction or the driver loses control, often during hard braking or a sudden steering correction. Common contributing factors include:
- Speed that is too fast for traffic, curves or wet roads.
- Sudden or improper braking, including hard braking in a curve.
- Brakes that are worn or out of adjustment.
- An empty or lightly loaded trailer, which has less traction.
- Cargo that is loaded unevenly or not secured.
- A driver who is fatigued, distracted or inexperienced.
Who Can Be at Fault in a Jackknife Crash
The truck driver
Federal rules bar a driver from driving while too fatigued or ill to drive safely (49 C.F.R. § 392.3) and bar carriers from scheduling runs that would require speeding (49 C.F.R. § 392.6). Under Georgia law, a driver who fails to use ordinary care can be held liable for the harm that results.
The trucking company
Georgia makes an employer responsible for an employee driver’s negligence on the job (O.C.G.A. § 51-2-2). A carrier can also be at fault for its own conduct, such as hiring or keeping an unqualified driver, pushing unrealistic schedules or skipping maintenance (O.C.G.A. § 34-7-20; Quynn v. Hulsey, 310 Ga. 473 (2020)). Federal rules require carriers to systematically inspect, repair and maintain their trucks (49 C.F.R. § 396.3).
The company that loaded the cargo
If a shipper or loading company loaded the trailer unevenly or failed to secure the cargo, it may share fault. Federal cargo securement rules apply to trucks on the road (49 C.F.R. Part 393, Subpart I).
A repair shop or parts maker
A repair shop that worked on the brakes, or the maker of a defective part, can be responsible when its work or its product helped cause the loss of control.
Other drivers
A car that cut in front of the truck or stopped suddenly can share fault. Georgia juries assign a percentage of fault to each party, and they can also assign fault to people who are not part of the lawsuit (O.C.G.A. § 51-12-33).
How Georgia Divides Fault
Georgia uses modified comparative fault. If you were partly at fault, your recovery is reduced by your percentage, and you recover nothing if you were 50% or more at fault (O.C.G.A. § 51-12-33). In jackknife cases, insurers often argue that a car was following too closely or was sitting in the truck’s blind spot, so the evidence matters.
Evidence That Shows Why a Truck Jackknifed
- Hours-of-service and ELD records, which carriers only have to keep for 6 months (49 C.F.R. § 395.8(k)).
- Engine and brake data from the truck’s electronic systems.
- Inspection, repair and maintenance records (49 C.F.R. § 396.3), and driver vehicle inspection reports, which only have to be kept for 3 months (49 C.F.R. § 396.11).
- Bills of lading and loading records that show the weight and placement of the cargo.
- Dash camera video, nearby traffic or business cameras, and witness statements.
- Weather and road conditions at the time of the crash.
Some of this evidence can be discarded within months, so a preservation letter should go out quickly. Our guide to what evidence a trucking company has to keep after a crash explains the deadlines and Georgia’s rules on destroyed evidence.
Insurance in a Jackknife Case
Interstate carriers hauling general freight must carry at least $750,000 in liability coverage, with $1 million or $5 million minimums for oil and hazardous materials (49 C.F.R. § 387.9). These are minimums, not a measure of what a claim is worth. Our guide to Georgia truck accident claims explains coverage and when the insurer can be named in a lawsuit.
Frequently Asked Questions
No. Fault depends on why the truck lost control. The driver, the trucking company, a cargo loader, a repair shop or another driver can share fault, and a Georgia jury assigns each a percentage.
Often, yes. Georgia makes an employer responsible for an employee driver’s negligence on the job, and a company can also be at fault for its own hiring, training, scheduling or maintenance decisions.
In most cases, two years from the crash for injuries (O.C.G.A. § 9-3-33) and four years for damage to your vehicle (O.C.G.A. § 9-3-31).
You may still have a claim. Georgia reduces your recovery by your share of fault and bars it only at 50% or more, so the key questions are why the trailer was blocking the road and whether you had time to avoid it.
Talk With an Atlanta Truck Accident Lawyer
Jonathan Flack spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases before founding Flack Injury Law. He now represents injured people only, and he takes cases to court when a fair settlement is not offered. If you were hurt in a jackknife or other truck crash, call (678) 653-0309 or visit our Atlanta truck accident lawyer page. No fee unless we recover money for you, and if we don’t, you owe no case costs either.
Related guides
- Atlanta truck accident attorney
- Georgia truck accident claims: laws, deadlines and insurance
- Truck and Tractor-Trailer Accidents in Georgia: How Federal Motor Carrier Safety Regulations Can Make or Break Your Case
- Wrongful Death After a Truck Accident in Georgia: Who Can File and What It Pays
- Hit by a Semi Truck in Georgia? What to Do and Who to Call
See all our guides for people hurt in Georgia crashes.
This article is general information about Georgia law, not legal advice for any specific situation. Laws change and outcomes depend on facts particular to each case. Reading this page or contacting Flack Injury Law through this website does not create an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established.