Special Considerations In Truck Accident Cases

Written by Adam Peck Category: Injury Law January 16th, 2013 2 min read

The operation of large commercial trucks on highways and roads presents certain unique dangers that are not a consideration where ordinary passenger vehicles are concerned:

* Jackknifing – Large big-rig vehicles such as eighteen-wheelers are prone to jackknifing under certain conditions, especially during sudden braking and turning. The fact that a truck jackknifes is not in itself proof of operator negligence, because many accident situations present difficulties in which there is no practical way to avoid jackknifing without risking some other form of catastrophe. For example, operation of a truck that has jackknifed may be held to be non-negligent where the jackknifing was due to unforeseeable slipperiness of the road, or to an abrupt turn undertaken to avoid a motorist or stalled truck.

* Turning Accidents – Commercial vehicles are very long, and can be difficult to turn. It is often necessary for the driver of a commercial vehicle to use two lanes of traffic to make a right turn, in order to avoid running the rear wheels into parked vehicles or over a sidewalk. While also not a clear cut case of negligence, some courts have held that driving a commercial vehicle in this manner (turning from an inside lane or occupying two lanes) is sufficient to establish the truck driver’s fault.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.