Why a truck crash is not just a bigger car crash
A loaded tractor-trailer can weigh 80,000 pounds, twenty times a passenger car. The injuries are more severe, the medical costs are higher, and the people on the other side are professionals. Trucking companies and their insurers run rapid-response teams whose job is to control the evidence and the story from day one.
The law is different too. Interstate carriers are governed by Federal Motor Carrier Safety Administration rules on driver hours, vehicle inspection, drug and alcohol testing, cargo securement and driver qualification. A violation of those rules is often the heart of the case, and proving it requires records that only the carrier holds.
Evidence that disappears if nobody acts
Carriers are generally only required to keep some records for a limited time, and electronic data can be overwritten in the ordinary course of operation. We send a preservation letter immediately so that the following is locked down:
- 1
The truck’s electronic control module. The “black box” records speed, braking, throttle and other data in the seconds before a collision.
- 2
Electronic logging device records. Hours-of-service logs show whether the driver was over the legal limit or falsifying rest periods.
- 3
Dashcam and telematics. Many fleets run forward-facing and driver-facing cameras plus GPS tracking that places the truck minute by minute.
- 4
Driver qualification and training files. Hiring records, prior violations, medical certifications and drug and alcohol test results.
- 5
Maintenance and inspection records. Brake, tire and lighting defects are common contributing factors and are documented, or should have been.
- 6
Dispatch and delivery records. Unrealistic schedules push drivers to speed and skip rest. The paperwork proves it.
Who can be held responsible
Truck cases often involve more than one defendant and more than one insurance policy. We identify every party whose negligence contributed and every policy that applies.
Speeding, fatigue, distraction, impairment or simple carelessness behind the wheel.
Negligent hiring, retention, training or supervision, and pressure to violate hours-of-service rules.
Improperly secured or overweight loads shift, cause rollovers and extend stopping distances.
Failed brakes, tire blowouts and defective components can be traced to a shop or a factory.
Federal minimums and why they matter to your claim
Interstate carriers must carry at least $750,000 in liability coverage, and many carry $1 million or more. That is good news for a seriously injured person, and it is exactly why the carrier’s insurer fights so hard. The size of the policy changes the incentives on the other side, not the fairness of your claim.
Georgia’s modified comparative negligence rule applies: you can recover as long as you were less than 50% at fault, with your recovery reduced by your share. Expect the carrier to argue you cut in front of the truck, stopped short or were in a blind spot. We answer those arguments with data from the truck itself.
Your vehicle after a truck crash
Cars hit by commercial trucks are usually totaled. Our in-house vehicle damage specialist independently values your vehicle with its real options, mileage and condition, and we challenge a total-loss offer that leans on the insurer’s software. If your car is repairable, we calculate and pursue the diminished value Georgia law allows you to recover. Read how we handle the vehicle side of your case.
Truck crashes we handle
Across I-285, I-75, I-85, I-20, GA-400 and the industrial corridors around Hartsfield-Jackson and the Fulton Industrial district:
- Tractor-trailer and 18-wheeler collisions
- Delivery van and box truck crashes
- Dump truck and construction vehicle collisions
- Underride and override crashes
- Jackknife and rollover crashes
- Wide-turn and blind-spot collisions
- Crashes caused by tire blowouts and brake failure
- Hazardous materials and tanker incidents
Common questions
How long do I have to file a truck accident claim in Georgia?
Generally two years from the date of injury for the injury claim and four years for property damage, but the evidence that proves a trucking case can be gone in weeks. Contact an attorney as early as you can so a preservation demand goes out.
The trucking company’s insurer already called me. What should I do?
Be polite, write down the caller’s name and company, and decline to give a recorded statement. You are not required to give one. Tell them your attorney will be in touch, then call us.
What if I was partly at fault?
Georgia allows recovery as long as you were less than 50% responsible, reduced by your percentage of fault. Carriers routinely overstate the other driver’s share. The truck’s own data often tells a different story.