If you’ve been involved in a collision with an 18-wheeler on I-75, I-85, or the 285 Perimeter, you already know it isn't a "standard" car accident. The sheer size of these vehicles causes catastrophic damage, but the legal battle that follows is where the real complexity begins.
In Georgia, trucking litigation is a different breed of law. Here is why the first 48 hours after a wreck are the most critical for your case.
1. The Electronic "Black Box" (ECM)
Modern commercial trucks are equipped with an Electronic Control Module (ECM). Much like an airplane’s black box, this device records vital data leading up to a crash, including:
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Exact speed at the time of impact.
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Whether the driver applied the brakes.
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"Hard braking" events in the days prior.
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GPS location and hours of service.
The Catch:
Trucking companies are often permitted to overwrite this data after a certain period. Without a Spoliation Letter
sent by an attorney immediately, this "smoking gun" evidence could vanish forever.
2. Identifying Multiple At-Fault Parties
In a typical car wreck, you sue the other driver. In a commercial trucking case, the driver might just be the tip of the iceberg. Under Georgia law, we investigate:
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The Trucking Company: Did they force the driver to skip rest breaks?
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The Loading Facility: Was the cargo unbalanced, causing a rollover?
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Maintenance Vendors: Did a third party fail to repair faulty brakes?
3. Federal vs. State Regulations
Commercial drivers are governed by the Federal Motor Carrier Safety Administration (FMCSA). These rules dictate everything from how many hours a driver can stay awake to the types of medical exams they must pass. Proving a violation of these federal "Hours of Service" (HOS) rules can be the difference between a denied claim and a multi-million dollar recovery.
4. Why Local Georgia Experience Matters
Georgia’s "Modified Comparative Negligence" rule means that if you are found 50% or more at fault, you recover nothing. Trucking insurers are experts at shifting blame onto passenger vehicle drivers. You need a team that knows the specific traffic patterns of Atlanta and the freight corridors of North Georgia to reconstruct the accident accurately.
The Bottom Line:
Trucking companies have investigators on the scene within hours of a crash. You deserve the same head start.
Don't wait for the evidence to disappear. If you’ve been injured in a commercial vehicle accident in Georgia, contact us today for a free, no-obligation consultation. Get Your Free Case Evaluation