Key Takeaways
- Truck-crash claims in Georgia have a two-year filing deadline under O.C.G.A. § 9-3-33. Evidence preservation letters to the carrier should go out within days to avoid logbook destruction.
- Hours-of-service violations, drug/alcohol test results, dashcam footage, and electronic logging device (ELD) data are unique categories of evidence in truck cases — preserved under FMCSA record-retention regulations.
- According to the Insurance Institute for Highway Safety, occupants of passenger vehicles account for 71% of deaths in two-vehicle crashes involving a large truck, due to the mass and stiffness mismatch.
- Georgia's modified comparative negligence rule (O.C.G.A. § 51-12-33) applies, but liability can extend beyond the driver to the carrier, broker, shipper, and maintenance contractor.
Around 118,000 people were injured in crashes involving large trucks in 2019, according to the National Safety Council — a 5 percent rise on the year before. For a substantial share of them, the question of whether to hire a truck accident attorney followed close behind.
In the following article, we explain why there are many benefits to hiring a truck accident attorney. We also give you some pre-hiring steps to take into consideration. Let’s begin!
1. Someone to Build the Case
A good truck accident attorney knows how to structure the argument, and their involvement changes how seriously a carrier's insurer treats the claim from the first letter onwards. You are the claimant here — and the other side is well represented from the day of the crash, often before you have left hospital.
Having someone else carry the case also brings a measure of peace of mind, which matters while you are dealing with the medical and financial fallout at the same time.
2. Negotiation Skills
Instead of just looking for a “truck accident attorney near me,” as is commonly searched online, look for someone with the proven ability to negotiate. You want a clear idea of the cases they have run, how they argue, and which carriers and insurers they have taken on.
Hiring a capable truck accident attorney means having someone in your corner who knows when to bluff, when to stay, and when to accept. They’re not only used to negotiating, but they’re also comfortable doing it.
3. Legal Knowledge
Another of the many benefits that you’ll find when hiring a truck accident attorney is their legal knowledge. They know the forms to file. They know how courtrooms operate.
They have a knack for being able to demystify a tediously slow process. They can help you with paperwork, deadlines, judge’s preferences, and a variety of legal technicalities that will emerge during the process.
4. Evidence Compilation
Attorneys can help you by thinking of things that you might not on your own. This is particularly helpful when it comes to the evidence compilation process of building a case.
Attorneys know the types of evidence that law enforcement will collect from an accident scene. They know tests that are performed to check for impairment. They have the foresight to seek evidence from companies whose vehicles are involved in accidents.
This would include things like onboard analytics to show the rate of speed a driver was driving at the time of the accident. This would also include onboard cameras and any other visual evidence.
5. Courtroom Prowess
Another of the best truck accident lawyer qualities that can benefit you is being able to argue a case in the courtroom. While you hope you can get a fair settlement without having to go to trial, a good attorney isn’t intimidated by it.
If you have a case that can be won in court, they will let you know. Decide to go all the way with it? You’ll have an ally on your side who knows how to connect with a judge or jury. More importantly, they will know how to connect each dot to the standard that actually applies. A civil claim is proved on the balance of probabilities — more likely than not — rather than beyond a reasonable doubt, which is the criminal standard and a far higher bar.
6. Targeting Issues That Affect Your Case
There are so many factors that can play into an accident, such as the quality of vehicle maintenance at the time of the accident or whether a party was speeding or driving while impaired. Other issues might go beyond the involved parties themselves.
Perhaps the crash happened partly because of the condition of the road itself. Badly maintained surfaces, missing signage, and poorly designed junctions all contribute. An attorney can spot these — and can act on them in time, which matters because a claim against a government entity carries an ante litem notice deadline of six or twelve months rather than two years.
7. Regulatory Knowledge
Let’s say you get involved in an accident with a semi-truck. You might be inclined to accept a settlement offer at face value without diving deeper into the regulatory issues that can either get you a higher settlement figure or better present your case before the court.
In this scenario, your attorney might target driver logs to see if the driver has violated drive time rules and regulations or if there are discrepancies in how they’ve documented their drive time. Being able to prove that a company or its employee has violated a rule or regulation can make a company quicker to settle at your asking price.
Do This Before You Hire
You certainly don’t want to fight an insurance company or well-represented motorist on your own. There is simply too much at play.
You could be accepting a settlement that doesn’t account for future medical issues or the full extent of a driver’s negligence. It’s a discrepancy that can impact your life in significant ways. So, before you hire your attorney, take the following steps.
Look at Specialty Experience
An attorney with lots of general experience might be an okay hire if you’re looking to file for divorce or bankruptcy. If you want to give yourself the best chance for a strong outcome, however, you want specialty experience.
Before you make a hiring decision, find out how long the attorney has worked strictly on trucking accidents. What major cases have they worked on, and what were the outcomes of those cases?
Get a Feel for Your Case
A good attorney will be able to look at your case and determine a fair truck accident settlement amount as well as whether the case has any validity if going to court. Talk to your attorney about the evidence, the best- and worst-case scenarios, and what he or she thinks you should do given the facts at hand.
Vet Settlement Offers Thoroughly
Look at whatever offers an insurance company throws your way. Consider what it’s really paying for. Is it just an offer to make things good on the vehicle damages, or is it fairly accounting for your pain and suffering?
Don’t be afraid to collect the settlement offer (or offers) and take them to an attorney with truck accident experience. See what they have to say, and go from there.
Hiring a Truck Accident Attorney Can Help Navigate a Challenging Time
Your truck accident attorney can help with the physical, mental, and emotional fallout of a truck accident. They benefit you in how they’re able to prepare your case, evaluate it, and negotiate outcomes.
Are you in Georgia and seeking help with your case? Georgia Auto Law serves the entire state, and car and truck crashes are the only cases we take. Get in touch today for a free case review.
Frequently Asked Questions
What evidence is unique to truck-accident cases?
Federal regulations from the Federal Motor Carrier Safety Administration require commercial carriers to maintain driver logs, hours-of-service records, electronic logging device (ELD) data, drug and alcohol test results, maintenance records, and post-crash inspection reports. These records have short retention periods and must be preserved by formal demand.
How much insurance do trucking companies carry in Georgia?
Interstate commercial carriers must maintain at least $750,000 in liability coverage under FMCSA regulations — far above the Georgia auto minimum of $25,000. Many carriers exceed the federal floor and carry $1 million or more, which is why truck-crash recoveries can be substantially larger than passenger-vehicle cases.
What causes most large-truck crashes?
According to FMCSA crash data, the leading contributing factors are driver fatigue, unfamiliarity with the route, brake problems, speeding, and distraction. Many of these correlate with violations of federal hours-of-service rules — a logbook audit early in the case can reveal those violations.
How long do I have to file a Georgia truck-accident claim?
Two years from the date of the crash under O.C.G.A. § 9-3-33 for personal injury. Cargo or property claims have four years under O.C.G.A. § 9-3-32. However, evidence-preservation letters to the carrier should go out within days to prevent logbook and ELD data from being overwritten.
