Summer is a busy season on Georgia highways. Freight keeps moving on I-75, I-85, I-20 and I-285 while families head out on vacation, and holiday weekends pack the roads. When a passenger vehicle collides with an 18-wheeler, the size difference means injuries are often serious. If you were hurt in a truck crash, you may have claims against the driver, the trucking company and others, and acting quickly helps protect evidence the company controls.
Key Takeaways
- Commercial trucks must follow federal safety rules on driver hours, maintenance, cargo and phone use, and violations can be strong evidence.
- More than one party may be responsible, including the driver, the trucking company, a loading company or a parts maker.
- Federal rules require interstate carriers to carry at least $750,000 in liability coverage for general freight.
- Some key trucking records only have to be kept for months, so send preservation requests early.
- Most Georgia injury claims must be filed within two years (O.C.G.A. § 9-3-33).
Why Truck Accidents Are a Summer Concern
- Heavy freight traffic mixed with vacation and holiday travelers
- Highway congestion, construction zones and longer travel times
- Hot weather that stresses tires and brakes
- Tired drivers pushing to meet tight delivery schedules
- Out-of-state drivers unfamiliar with Atlanta interchanges
Sharing the road with big rigs carries risk year-round, and busy summer conditions add to it.
Common Causes of Truck Accidents
- Fatigued or distracted driving
- Speeding, following too closely or unsafe lane changes
- Overloaded or improperly secured cargo
- Faulty brakes, tires or other truck parts
- Violations of federal safety regulations
Commercial trucks are held to higher standards than passenger cars. Under the federal hours-of-service rules, a property-carrying driver generally may drive no more than 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty and must take a 30-minute break after 8 cumulative hours of driving. Truck drivers also may not text or use a hand-held phone while driving (49 C.F.R. §§ 392.80, 392.82), and carriers must systematically inspect, repair and maintain their vehicles (49 C.F.R. § 396.3). Georgia applies most of these federal rules to trucks operating within the state as well.
What to Do Immediately After a Truck Accident
- Get medical help right away. Truck crashes often cause serious injuries, so get evaluated even if you feel fine.
- Call police and request a crash report. An official record is essential. Our guide to Georgia crash report codes explains how to read it.
- Document the scene. Photograph all vehicles, your injuries, skid marks and road hazards.
- Collect truck and driver information. Get the driver’s name, the company name, the USDOT number on the cab, the plate numbers and insurance details.
- Get witness information. Other drivers or bystanders can support your account.
- Don’t talk to the trucking company’s insurer alone. Adjusters may try to limit what they pay, so avoid recorded statements and don’t sign anything without legal advice.
- Save evidence. Keep your damaged vehicle, receipts and anything related to the crash.
Who Can Be Liable in a Georgia Truck Crash
- The truck driver and the driver’s employer
- The trucking company, for negligent hiring, training, supervision or scheduling
- Cargo or loading companies, for unsafe loading
- Manufacturers, for defective parts
- Maintenance contractors, for poor repairs
Evidence that can show who is responsible includes electronic logging device (ELD) data, dispatch and trip records, maintenance files, the driver qualification file and post-crash drug and alcohol tests. Some of these records have short retention periods. For example, carriers must keep records of duty status and supporting documents for at least six months (49 C.F.R. § 395.8(k)). A prompt preservation letter asks the company to keep this evidence. Learn more on our truck accident page and our Atlanta truck accident page.
What Damages You Can Recover
Truck accident victims may be able to recover:
- Medical bills, including ER care, surgery, rehab and future care
- Lost wages and reduced earning potential
- Pain and suffering and emotional trauma
- Property damage and vehicle repair or replacement
Punitive damages are available in Georgia only when clear and convincing evidence shows willful misconduct, wantonness or an entire want of care that raises a presumption of conscious indifference to consequences. They are generally capped at $250,000, with exceptions that include cases where the defendant acted with specific intent to harm or was impaired by alcohol or drugs (O.C.G.A. § 51-12-5.1).
Georgia uses modified comparative fault. Your award is reduced by your share of fault, and you cannot recover if you are 50% or more at fault (O.C.G.A. § 51-12-33).
Frequently Asked Questions
How Much Insurance Do Trucking Companies Have to Carry?
Federal rules require interstate carriers hauling general freight in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage, with higher minimums for certain hazardous materials. Many carriers carry more. The actual coverage depends on the company and its policies.
Can I Sue the Trucking Company, Not Just the Driver?
Often, yes. A trucking company can be responsible for its driver’s negligence while on the job and for its own negligence in hiring, training, scheduling or maintaining its trucks. Other companies, such as a shipper or repair shop, may also share responsibility.
What If the Truck Driver Was Over Their Hours?
Proof that a driver broke the hours-of-service rules, or drove while too fatigued to drive safely, can be strong evidence of negligence. Logs, ELD data and supporting documents can reveal violations, which is why preserving those records early matters.
How Long Do I Have to File a Truck Accident Claim in Georgia?
Most personal injury claims must be filed within two years, and property damage claims within four years. Claims involving government vehicles or roads have shorter notice deadlines. See our guide to Georgia personal injury deadlines.
If a truck crash has upended your summer, contact us promptly so evidence can be preserved. The Gunn Law Group offers a free, no-obligation consultation, and you pay no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866).
