Truck accident in Georgia: what to do, step by step

Name: J. Lee & Associates Law Group
Address: 1250 Tech Dr, Suite 240, Norcross, GA, 30093, US
Telephone: (770) 609-9396

Crashes with commercial trucks involve federal rules, large companies and evidence that can disappear quickly. We explain what to do and in what order. The initial consultation is free.

Free Consultation →(770) 609-9396

A crash with a semi, a trailer or a delivery truck can be very serious. If you or a family member was hurt, take care of your health first. Then this guide helps you protect the evidence, step by step.

These cases are different from a crash between two cars. Several parties may be responsible, such as the driver, the trucking company, the trailer owner or whoever loaded the cargo. The company and its insurer may act very quickly after the crash.

This page is general information about Georgia law. It is not legal advice for your case. Every case is different and the rules have exceptions. To talk about your situation, call us at (770) 609-9396.

The first 24 hours

Do these steps in this order, if you can do them safely.

Get safe and call 911
Call 911 and ask for medical help and police. Get away from traffic. Do not go near a truck that is leaking fluid or smoking.
Do not leave the scene
In Georgia, a driver involved in a crash with injuries, or with damage to a vehicle that someone is in or next to, must stop, give their name, address and vehicle registration number, show their license if asked and if they have it, and help anyone hurt (O.C.G.A. § 40-6-270). The driver must also notify the police right away if anyone is hurt or the damage appears to be $500 or more (O.C.G.A. § 40-6-273).
Accept medical care
If anything hurts, tell the paramedics. Many injuries, like neck or back injuries, feel worse hours or days later. If you do not go by ambulance, go to an urgent care clinic or the emergency room today.
Photograph the truck
Photograph the company name and the USDOT number on the truck, usually on the door. Federal rules require covered commercial trucks to display the carrier's name and USDOT number (49 CFR § 390.21). Also photograph the truck and trailer plates, the trailer number and any logos.
Photograph the scene
Photograph every vehicle, any spilled cargo, marks on the road, traffic lights and signs, and your injuries. Record a short video. If it is dangerous, do not do it.
Talk to witnesses
If anyone saw what happened, ask for their name and phone number. Ask whether they recorded anything on their phone. Witnesses leave quickly and this information is very valuable.
Do not discuss fault with the trucker or the company
Someone from the company or its insurer may show up. Be polite, but do not give statements or sign anything.
“I'd rather talk to my lawyer first.”
Ask for the report number
Before the police leave, ask for the officer's name, the agency (city, county or State Patrol) and the accident report number. You will need it to request a copy.

The next few days

Go to your medical appointments
Follow your doctor's instructions and go to every medical appointment. If you stop going, the insurer may say you were not hurt. If you do not have health insurance, tell us and we will explain what options may exist.
Call us soon
In these cases, time matters. We can send the company a letter asking it to preserve evidence, such as the driver's hours records, truck maintenance records, camera video and electronic data.
Why the hours records matter
Federal rules limit how many hours a trucker can drive. For example, a property-carrying driver generally may drive up to 11 hours within a 14-hour period, after 10 consecutive hours off duty (49 CFR § 395.3). Companies must keep hours records for at least 6 months (49 CFR § 395.8). If you wait too long, some records may be gone.
The truck's insurance
For-hire companies hauling non-hazardous property between states in trucks of 10,001 pounds or more must carry at least $750,000 in liability coverage (49 CFR § 387.9). The minimum changes with the type of truck and cargo. We review which policies may apply in your case.
Be careful with calls from the other insurer
The other side's adjuster may call you soon and sound very friendly. The adjuster works for the other side, not for you. You can give your name and our number, and say you prefer to talk to your lawyer first.
Keep a recovery journal
Write down each day how you feel, what you cannot do, the work days you missed and your trips to the doctor. Take photos of your injuries as they heal.
Keep the deadlines in mind
In Georgia, an injury lawsuit generally must be filed within 2 years (O.C.G.A. § 9-3-33) and a lawsuit for damage to your vehicle within 4 years (O.C.G.A. § 9-3-31). If the vehicle or the property belonged to a city, a county or the state, a written notice is due much sooner: generally 6 months for a city (O.C.G.A. § 36-33-5) and 12 months for a county (O.C.G.A. § 36-11-1) or the state (O.C.G.A. § 50-21-26). There are exceptions. Do not wait until the last minute.
Estimate the general accident deadlines →

What to keep

Keep everything in one folder or in an album on your phone. Do not throw anything away, even if it seems unimportant. If you are missing something, do not worry; bring us what you have.

Photos of the company name, the USDOT number and the truck and trailer plates
The trucker's and the company's names, and any card or paper they gave you
Photos and video of the scene, the vehicles and your injuries
The police report number and the officer's name
Witness names and phone numbers
Your auto policy, especially the declarations page
Repair estimates and bills, and towing or rental car receipts
Papers from the ambulance, the emergency room, the doctor and the pharmacy
Medical, prescription and travel-to-the-doctor bills and receipts
Pay stubs or a letter from work showing the days you could not work
Letters, emails and messages from any insurance company
Your pain and recovery journal

What not to say

What you say after an accident can be used to deny or reduce your claim. These are things to avoid and what to do instead.

Avoid

Saying “it was my fault” or “I'm sorry”

Even if you say it to be polite, the insurer may treat it as if you accepted the blame. Fault is decided by the facts.

Instead

“Are you okay? Let's wait for the police.”

Avoid

Saying “I'm fine, nothing happened to me”

Many injuries show up later. If you say you are fine and then you are in pain, it will be harder to prove your injury.

Instead

“I don't know yet if I'm hurt. I'm going to see a doctor.”

Avoid

Talking to the company's investigators

The company may send investigators or adjusters to talk to you, even at the hospital or at home. They work for the company, not for you.

Instead

“I'd rather you talk to my lawyer.”

Avoid

Giving a recorded statement to the other side's insurer

They will ask questions to look for contradictions or to get you to say you are not badly hurt. You can ask them to contact your lawyer.

Instead

“I'd rather you talk to my lawyer. Here is the number: (770) 609-9396.”

Avoid

Signing papers or accepting a quick check

A check or a form may include a release of your claim. Once signed, it can be hard or impossible to undo.

Instead

“I need my lawyer to review this first.”

Avoid

Posting on social media

Insurers can look at Facebook, Instagram, TikTok and other sites. A smiling photo can be used to say you are not hurt.

Instead

Do not post anything about the accident or your health while your case is open.

Avoid

Guessing or exaggerating

If you do not know something, like the speed or the distance, do not make it up. One wrong detail can hurt your credibility.

Instead

“I'm not sure.”

If you do not have papers or a license

Many people who call us have this worry. You are not alone. This is what we recommend.

You can call us

Your immigration status does not stop you from calling us or talking to a lawyer. We speak Spanish. We handle your information with care and confidentiality.

Tell the truth about your license

If you were driving without a license or with a license from another country, tell us from the start. It is better for your lawyer to know before the insurer does. Never give false documents and never ask someone else to say they were driving.

Do not ignore a citation

If the police gave you a citation (ticket), keep it. A citation is a notice to appear in court; it usually shows the court and the date. If you do not appear, the problem can grow. Call us so our traffic defense team can review it.

Traffic violation defense →

Your injury case and your immigration situation are separate matters

If your status could affect part of your claim, for example lost wages, we will explain it in the consultation. If you have immigration questions, our firm also has an immigration team.

JLA immigration team →

How we work on your case

These are the usual steps. Every case is different and we cannot promise a result, but we will explain each step.

1
You call us
Call (770) 609-9396 or write to us online. The initial personal injury consultation is free. We listen, review what you have and explain your options in plain words. Calling does not obligate you and does not, by itself, create an attorney-client relationship.
Write to us online →
2
A written agreement
If you decide to hire us, we sign an agreement that explains the fees, the case costs and what happens if there is no recovery. Ask anything you want before you sign.
3
We talk to the insurers
We tell the insurers you have a lawyer and ask them to contact us. That way you can focus on your health.
4
We gather the evidence
We request the police report, look for video and witnesses, ask the company to preserve its federal records and gather your medical records and bills.
5
You focus on healing
Your job is to go to your medical appointments and follow your doctor's instructions. We keep you informed and answer your questions in Spanish or English.
6
Claim and negotiation
When there is enough medical information, we prepare a claim with your expenses and losses and negotiate with the insurer. No settlement is accepted without your permission.
7
If there is no fair settlement
We explain the option of filing a lawsuit, the deadlines and the risks. You make the final decision.

Frequently Asked Questions

Who can be responsible in a truck crash?

It depends on the facts. It may be the driver, the trucking company, the trailer owner, the company that loaded the cargo or the maker of a defective part. We investigate who shares the fault.

Why do I need to act quickly?

Companies must keep drivers' hours records for at least 6 months (49 CFR § 395.8). Video and electronic data can be erased sooner. The sooner you call us, the sooner we can ask for them to be preserved.

How much insurance does a commercial truck have?

It depends on the truck, the cargo and the kind of company. For example, for-hire companies hauling non-hazardous property between states in trucks of 10,001 pounds or more must carry at least $750,000 in liability coverage (49 CFR § 387.9). We review the policies that may apply.

How long do I have to make a claim?

In general, an injury lawsuit in Georgia must be filed within 2 years (O.C.G.A. § 9-3-33). If a government vehicle was involved, the written notice is due much sooner. There are exceptions. Call us soon.

What if I was partly at fault?

In Georgia, compensation is reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover damages (O.C.G.A. § 51-12-33). That is why you should not accept blame at the scene. Let the facts be reviewed.

Can I make a claim if I do not have papers?

Your immigration status does not stop you from calling us or talking to a lawyer. If your status could affect part of your claim, for example lost wages, we will explain it in the consultation. We handle your information with care and confidentiality.

How much does it cost?

The initial personal injury consultation is free. Before hiring the firm, ask about attorney fees, case costs, when they are charged and what happens if there is no recovery. The written agreement explains the terms of representation.