Truck Accident FAQs

A contingency fee means our attorneys’ fees are a percentage of the recovery we obtain for you. If we do not recover anything, you owe us nothing. You will not be asked for any upfront payment or retainer. Call (844) 428-4529 to speak with our team at no cost and no obligation.

The timeline for a commercial truck accident case varies depending on the severity of injuries, the complexity of the liability issues, and whether the case resolves in settlement or proceeds to trial. Cases involving serious injuries requiring extensive medical treatment typically take longer to resolve, because it is important to have a complete picture of your medical trajectory before settling. Our attorneys will give you an honest assessment of your case timeline during your free consultation.

Georgia law allows injured victims to recover economic damages (medical expenses, lost wages, future earning capacity, rehabilitation costs), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life), and, where the evidence supports it, punitive damages. Catastrophic injuries caused by commercial trucks — spinal cord injuries, traumatic brain injuries, amputations, severe burns — can justify significant damage awards.

Yes. Georgia’s motor carrier safety regulations, administered by the Georgia Department of Public Safety’s Motor Carrier Compliance Division, generally mirror the FMCSRs for interstate carriers. Georgia also regulates intrastate carriers (those operating solely within Georgia) under the Georgia Motor Carrier Act. Interstate and intrastate carriers may be subject to different regulatory frameworks, and our attorneys evaluate both.

Yes. The FMCSA’s SAFER system at safer.fmcsa.dot.gov is publicly accessible. You can search by company name, USDOT Number, or MC Number to access the company snapshot. However, interpreting what you find — and knowing what is missing — requires legal and industry expertise. The most significant evidence in truck accident cases is typically found in internal company records that require litigation to obtain.

Under the doctrine of respondeat superior, an employer is vicariously liable for an employee’s negligent acts committed within the scope of employment. Additionally, plaintiffs may pursue independent claims against the employer for negligent hiring, supervision, entrustment, or retention—theories that do not require proving the driver was acting within the scope of employment.

A litigation hold is a formal legal demand sent to the trucking company and related parties requiring them to preserve all potentially relevant evidence. Without a prompt hold letter, carriers may legally destroy ECM/black box data, dashcam footage, and maintenance records pursuant to their ordinary retention schedules — in some cases within 30 days of a crash. Our firm sends litigation hold letters at the outset of every truck accident representation.

Yes. Under FMCSA regulations, most interstate carriers hauling general freight must carry at least $750,000 in liability coverage; carriers transporting hazardous materials may be required to carry $1 million to $5 million. Georgia law may also impose additional requirements. These are minimum floors — many carriers carry much higher limits, and our attorneys are skilled at identifying all available insurance coverage, including umbrella policies and broker coverage.

Possibly, yes. Georgia follows a modified comparative fault rule under O.C.G.A. § 51-12-33. You can recover damages as long as your share of fault is less than 50%. However, your recovery will be reduced by your percentage of fault — so if a jury finds you 20% at fault, your damages are reduced by 20%. This makes having an experienced attorney critical, as trucking company lawyers will work hard to inflate your percentage of fault.

Yes. While our offices are located in Atlanta, Sandy Springs, and Decatur, we handle serious personal injury cases throughout the State of Georgia. If you were injured in a truck or commercial vehicle accident anywhere in Georgia, we are ready to help. Contact us for a free consultation.

Yes. We handle truck accident cases on a contingency fee basis — you pay no attorney’s fees unless we recover compensation for you. There is no cost to call us, and your initial consultation is completely free. We serve clients throughout Georgia from our offices in Atlanta, Sandy Springs, and Decatur.

Yes. Under Georgia law, evidence of seatbelt non-use is admissible in civil cases and can be used to reduce your damages for injuries attributable to the failure to buckle up. However, it does not bar your claim entirely, and the lion’s share of your injuries in a catastrophic truck collision will typically be caused by the crash forces themselves — not seatbelt non-use. Do not assume your claim is compromised; let an attorney evaluate the full picture.

Nothing upfront. We handle truck accident cases on a contingency fee basis — you pay no attorney’s fees unless we recover compensation for you. Case costs (experts, court filing fees, investigation) are also advanced by the firm and repaid from any recovery. There is no financial risk to you in calling us for a free consultation.

Do not provide a recorded statement, accept any payment, or sign any release without first speaking with an attorney. The adjuster represents the carrier’s interests — not yours. Anything you say can be used to reduce or deny your claim. Politely decline to discuss the case and refer them to your attorney. Contact Haug Barron Law Group at (844) 428-4529 immediately.

Georgia follows a modified comparative fault rule under O.C.G.A. § 51-11-7. You can still recover damages as long as you are less than 50% at fault — though your compensation is reduced by your percentage of fault. Haug Barron Law Group’s of-counsel specialist Mark Jackson focuses on precisely these disputed liability scenarios. Do not accept fault, and do not speak with the carrier’s insurance adjuster without legal counsel.

Under O.C.G.A. § 9-3-33, you generally have two years from the date of the accident to file a personal injury claim. Wrongful death claims follow a similar two-year period. However, because evidence in truck cases disappears rapidly, you should contact an attorney immediately — do not wait until the deadline approaches. Certain claims (against government entities, for example) may have much shorter notice requirements.

Immediately. Some trucking data can be overwritten in days or weeks. Early involvement protects your rights and preserves critical evidence.

Case value depends on:

• Severity of injuries
  
• Available insurance coverage
  
• Evidence of safety violations
  
• Long-term medical and life-care needs
  

Catastrophic injury and wrongful death cases can result in seven- or eight-figure outcomes.

Electronic data often disproves this claim by showing:

• No braking
  
• No evasive maneuver
  
• Driver distraction
  
• Safety system failures
  

These facts can dramatically change a case.

Yes. Georgia law allows recovery even when the passenger vehicle driver shares fault, as long as the trucking company’s negligence contributed to the crash. Truck drivers and carriers are held to higher safety standards.

Key evidence includes:

• Black box (ECM) data
  
• Brake Data Recorder (BDR) reports
  
• Telematics and GPS data
  
• Camera footage and still images
  
• Driver logs and safety records
  

This evidence must be preserved immediately.

Truck accident cases often involve:

• Higher insurance limits
  
• Federal safety violations
  
• Electronic data proving fault
  
• Corporate negligence
  

These factors frequently result in significantly higher compensation than standard auto accident claims.

Statistics say that there is one person killed every 16 minutes in the state of Georgia due to an accident with a semi-truck. There is a high amount of truck traffic moving through the state at any given time, making accidents with these trucks a safety concern.

When a vehicle collides with a semi-truck and a person dies as the result, it is considered a fatal trucking accident. The state sees more than 200 fatal trucking accidents each year. The majority of the accidents occur in rural areas, with approximately 33 percent of accident occurring in urban areas. Aside from fatalities, there are more than 5,000 injuries due to truck-related accidents annually.

In fatal trucking accidents, speed is a factor in just over 20 percent of incidents. Driver fatigue is thought to be a factor in between 30 and 40 percent of these accidents. Additionally, more than half of all drivers have admitted to falsifying the amount of hours on the road in their logs. Accidents between passenger vehicles and trucks can be severe due to the sheer power of the collisions.

If you have been involved in a truck accident or a loved one has been killed in a truck accident in Atlanta, reach out to an experienced attorney for assistance in determining your legal options. Victims are typically legally able to seek compensation for medical bills and more, and the families of victims who have died are able to recover damages. Contact an accident attorney for assistance today.

What is the difference between a truck accident and an auto accident?

Truck accidents and auto accidents can both be catastrophic. Truck accidents, however, due stand a greater chance of causing severe injury and property damage. Here are the major differences between truck and auto accidents.

Severity of Injuries

A large, commercial truck typically weighs about 80,000 pounds when fully loaded. The average passenger vehicle, on the other hand, weighs only about 3,000 pounds. Truck accidents, due to their sheer power, are more likely to cause fatalities than car versus car accidents. In truck accidents that don’t cause fatalities, the injuries are often severe.

Causes of Accidents

Trucks are obviously much bigger than typical passenger vehicles, but many people do not realize that because of their size they have several blind spots. Trucks are also unable to stop and maneuver as quickly as other vehicles. All of these factors contribute to accidents.

Liability Issues

Liability tends to be more complicated when an accident involves a truck. The liability may not be solely with the driver as in a vehicle versus vehicle crash. The company that owns the truck and employs the driver and the manufacturer of the truck may share some of the blame, at least legally.

When you are in a truck versus vehicle accident in Atlanta, an Atlanta car accident lawyer can assist you in filing a claim for injuries and property damage. An attorney has the knowledge necessary to help determine who should be named in the lawsuit and what types of compensation a victim may be entitled to.

Truck drivers have a different set of legal responsibilities and requirements compared to regular drivers. They also have additional oversight agencies, such as the Federal Motor Carrier Safety Administration (FMCSA).

There are many federal truck driver responsibilities, and some states and localities have additional requirements. Here are just some of the responsibilities specific to truck drivers.

Credentials and Training

Truck drivers can’t hit the road without first getting a commercial driver’s license (CDL). Roadside inspections in Georgia last year revealed 1,154 truck drivers had been operating commercial motor vehicles without the necessary licensing.

In addition to obtaining a standard commercial driver’s license, truck drivers also are required to obtain specialized training and licensing for certain cargo types or vehicle lengths. Some training requirements for truck drivers changed as of February 2020.

Commercial Vehicle Status

Some passenger vehicles may be considered commercial vehicles, such as vehicles used to transport hazardous materials for business purposes or passenger vehicles that transport more than 15 people, including the driver. Passenger vehicles that are over a certain weight limit can also be considered commercial vehicles.

If a passenger vehicle meets the requirements to be considered a commercial vehicle, then the driver and vehicle are subject to federal and state truck driver responsibilities and regulations.

Time Tracking

Federal law says that truck drivers must not drive more than 14 hours in a 24-hour period. Truck drivers used paper logs to track work hours. However, paper tracking is easily derailed or forged by unethical labor practices or forgetful drivers, which is where electronic tracking requirements come in.

Electronic Logging Devices

Most truck drivers are required to have electronic devices on their vehicles that automatically track and share driving records. There are some exceptions to this requirement, such as if the driver is using a vehicle manufactured before the year 2000 or if the driver uses paper logs no more than 8 days per 30-day period.

Short-hauler operators, a type of truck driver who meets certain standards, are exempt from using electronic logging devices.

Rest Periods

To help prevent truck driver fatigue and other dangerous driving practices, truck drivers must have 10 hours off duty per 24-hour working period. Seven of those off-duty hours must be spent in the truck driver’s sleeping quarters, also known as a sleeper berth.

Some rest period rules changed as of September 2020. Truck driver responsibilities and rules are constantly changing. That’s why you must work with an experienced Atlanta truck accident lawyer who stays up to date on current industry practices and truck driver responsibilities.

Prohibited Roadways or Areas

In Georgia, commercial truck drivers are limited when it comes to what streets or highways they can use. For example, truck drivers cannot use GA 400 or interstate routes inside I-285 unless they and their cargo meet certain requirements.

In addition, truck drivers are prohibited from driving through certain neighborhoods or using certain city streets.

Inspections

Many truck driver responsibilities are examined during inspections, so it’s important that truck drivers never deviate from federal or state requirements. If critical deviations are found during inspections, truck drivers may face consequences including but not limited to being put out of service.

There are several types of roadside inspections ranging from vehicle or driver inspections to inspection of radioactive materials.

About 6% of all truck drivers inspected in Georgia last year were placed out of service. Federal records say that the top five truck driver issues discovered during 2020 inspections were lane restriction violations, seat belt violations, speeding, not obeying traffic lights, using cellphones while driving, and record of duty status violations.

About 35,000 commercial motor vehicles were inspected last year. Records say those inspections uncovered more than 92,000 violations. About 29% of trucks analyzed during Georgia roadside inspections last year were placed out of service.

Contact an Atlanta Truck Accident Lawyer For Help Today

Accidents involving commercial motor vehicles involve many more parties than those counted at the scene of the wreck, and most personal injury lawsuits end up settling out of court.

Experienced Atlanta truck accident lawyers will help you successfully navigate the muddy waters of commercial vehicle law and fight for the compensation you deserve. The Haug Law Group has won over $20 million in settlements. Contact us today for a free consultation.