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I was involved in a traffic accident where a big-rig “jackknifed”. Can I automatically recover against the truck driver?

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I was involved in a traffic accident where a big-rig “jackknifed”. Can I automatically recover against the truck driver?

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Not necessarily. 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 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.

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