If you are hurt in a crash with a tractor-trailer or other large truck in Georgia, responsibility may extend beyond the driver to the trucking company, the company that loaded the cargo, a maintenance shop or a manufacturer. Federal safety rules for drivers and carriers often play a central role in proving fault. Because some of the most important trucking records only have to be kept for months, acting quickly to preserve evidence is one of the most important steps you can take.
Truck crashes differ from ordinary car wrecks in size, in the rules that apply and in the number of parties who may be involved. Here is how liability works and how to protect your rights.
Key Takeaways
- Liability in a truck crash may involve the driver, the motor carrier, the cargo loader, a maintenance vendor or a manufacturer.
- Federal Motor Carrier Safety Regulations limit driving hours, require cargo to be secured and prohibit texting and hand-held phone use by truck drivers.
- Interstate carriers hauling general freight must carry at least $750,000 in liability coverage (49 C.F.R. § 387.9).
- Key records, such as electronic logs, may be kept for as little as six months, so preservation letters should go out early.
- Most Georgia injury claims must be filed within two years (O.C.G.A. § 9-3-33).
Common Causes of Truck Accidents
- Driver fatigue. Federal hours-of-service rules generally limit property-carrying drivers to 11 hours of driving after 10 hours off duty, within a 14-hour window, with a required 30-minute break after 8 hours of driving (49 C.F.R. § 395.3).
- Improper loading. Cargo must be firmly secured, and poorly balanced or unsecured loads can shift and cause rollovers or spills (49 C.F.R. § 393.106).
- Distracted driving. Commercial drivers may not text or use a hand-held phone while driving (49 C.F.R. §§ 392.80, 392.82).
- Poor maintenance. Carriers must systematically inspect, repair and maintain their vehicles, and brake and tire failures are common causes of serious crashes.
- Traffic violations. Speeding, following too closely and unsafe lane changes are especially dangerous in a vehicle as large and heavy as a loaded tractor-trailer.
You can read the federal hours-of-service summary on the FMCSA website.
Determining Liability in Truck Accidents
Liability in a truck crash often involves more than one party:
- The truck driver, for careless or unsafe driving.
- The trucking company, which may be responsible for its driver’s conduct and for its own decisions about hiring, training, scheduling, supervision and maintenance.
- The cargo loader, if a third-party shipper or loader improperly loaded or secured the freight.
- Maintenance vendors, if faulty repairs or inspections contributed.
- Manufacturers, if a defective part, such as a brake or tire, caused or worsened the crash.
A safety rule violation does not automatically decide fault, but it can be important evidence. Georgia also applies most federal trucking rules to trucks that operate only within the state. Georgia uses modified comparative fault (O.C.G.A. § 51-12-33), so a trucking company may try to blame you; your recovery is reduced by your share of fault and barred at 50% or more.
Important Steps After a Truck Accident
- Get medical care right away, even if you feel fine. Truck crashes often cause injuries that worsen over hours or days.
- Call the police and get the crash report number. Our guide to Georgia crash report codes explains how to read it.
- Document the scene with photos of all vehicles, the truck’s markings and USDOT number, the road, skid marks and your injuries.
- Get witness information, including names and phone numbers.
- Preserve evidence. Ask a lawyer to send preservation letters for electronic logging device data, dash camera video, maintenance records and the driver’s qualification file.
- Be careful with the trucking company’s insurer. Adjusters may call quickly. Get legal advice before giving a recorded statement.
Why Trucking Evidence Must Be Preserved Quickly
Many federal records only have to be kept for a limited time. Drivers’ logs and supporting documents must be kept for at least 6 months (49 C.F.R. § 395.8(k)), and driver vehicle inspection reports for only 3 months (49 C.F.R. § 396.11). Dash camera video and engine data are not covered by these federal retention rules and may be overwritten.
In Phillips v. Harmon (2015), the Supreme Court of Georgia held that a party’s duty to preserve relevant evidence arises when litigation is reasonably foreseeable to that party. A spoliation letter puts the carrier on clear notice of what must be kept. For crashes on or after July 1, 2024, Georgia also generally limits suing a motor carrier’s insurer directly, except in situations such as the carrier’s bankruptcy or insolvency or when the driver or carrier cannot be served (O.C.G.A. §§ 40-1-112, 40-2-140).
Compensation Available for Truck Accident Victims
Depending on the facts, you may be able to recover:
- Medical expenses: emergency care, surgery, rehabilitation and future treatment.
- Lost income: wages lost while you recover and reduced future earning capacity.
- Pain and suffering: physical pain, emotional distress and reduced quality of life.
- Property damage: repair or replacement of your vehicle.
Georgia’s 2025 tort reform law, SB 68, also applies to truck cases. Among other changes, evidence that an occupant was not wearing a seat belt may now be admitted (O.C.G.A. § 40-8-76.1), and any party may ask for fault and damages to be tried separately (O.C.G.A. § 51-12-15). Learn more on our truck accident and Atlanta truck accident pages.
Frequently Asked Questions
Who Is Liable in a Georgia Truck Accident?
It may be the driver, the trucking company, a cargo loader, a maintenance vendor or a manufacturer, depending on what caused the crash. Trucking companies are often responsible for their drivers’ conduct and for their own safety practices.
How Much Insurance Do Trucking Companies Have to Carry?
Federal rules require interstate carriers hauling general freight in trucks of 10,001 pounds or more to carry at least $750,000 in liability coverage, with higher minimums for certain hazardous materials. These are minimums, and some carriers carry more.
How Long Do I Have to File a Truck Accident Claim in Georgia?
Most injury claims must be filed within two years of the crash (O.C.G.A. § 9-3-33). Claims involving government vehicles can require written notice much sooner. See our guide to Georgia personal injury deadlines.
What If a Loved One Was Killed in a Truck Crash?
Georgia allows certain family members to bring a wrongful death claim for the full value of the person’s life. Our guide to Georgia wrongful death claims explains who can bring the claim and how it works.
If you or someone you love was hurt in a truck accident, The Gunn Law Group can help preserve the evidence and explain your options in a free, no-obligation consultation. There is no attorney fee unless we recover for you, and hablamos español. Call 888-BIG-GUNN (888-244-4866).
