What should you do after a truck or tractor-trailer accident?
-Call the police or make a report.
-Give a statement to the police or law enforcement when asked, even if you are “fine.”
-Get contact information from the truck driver, including the insurance company name and policy number, and obtain the name, address, and location of the trucking company.
-Take photos of the truck, your vehicle, and your injuries.
-Get witness contact information.
-Get license plate numbers of potentially involved drivers.
-Get medical attention promptly.
-Avoid speaking with the trucking or commercial vehicle insurance adjuster unless advised to do so by a lawyer.
Do not post to Facebook or other social media. Anything you post online or on social media, such as Facebook, can be used as evidence in a court of law.
–Report the truck accident to your own insurance company as soon as possible.
Who can be sued or held responsible in a Georgia trucking or commercial vehicle accident?
There may be several at-fault defendants in a truck crash case, including:
-The driver,
-The truck owner or trucking company,
-The driver’s hiring firm, and
-The truck maintenance company.
What if the trucking or insurance company wants to settle quickly?
Sometimes, self-insured trucking companies or their insurance carriers will tempt accident victims with a quick settlement offer. We recommend speaking with a truck accident attorney to determine whether accepting a fast settlement is in your best interest.
What is the burden of proof in a trucking case?
Trucking and commercial vehicle injury accidents are civil cases, and the standard, or burden of proof, in a civil case is lower than that of a criminal case, requiring a “preponderance of the evidence” or that it is more likely than not that a specific driver was at fault.
What if the trucker does not have enough insurance?
Commercial vehicles typically carry $100,000 to well over $1,000,000 worth of insurance. In the most serious cases, however, unless there is an excess or umbrella policy, even this may not be enough. There are other insurance plans that may come into play depending on the circumstances of the case.
Are trucking companies automatically responsible for a crash?
No, you need a detailed investigation into the nature of the business relationship, the lease, the contract, and other terms of the trucker’s employment in order to determine who bears responsibility for a trucking accident.
Do trucks have a “black box” with data about the crash?
Almost all modern tractors and commercial vehicles are equipped with a device known as an event data recorder, or “black box,” that saves data about the vehicle.
How long do I have to file a trucking or commercial vehicle accident case or claim?
In Georgia, you will have up to two years to file a lawsuit. Even though it is best to begin investigating right away, your attorney can still obtain the police report, SCRT report, and other records that may prove your case.
Is it better to file suit or settle a trucking case?
Sometimes, a fair settlement can come from insurance. However, it is often necessary to file suit to compel disclosure of key information. Larger settlements are more likely after a suit has been filed.
What if the trucker or trucking company is claiming that the driver is an independent contractor?
Some employers will claim that they are not responsible for a trucking crash by arguing that the trucker is an independent contractor. In Georgia, even if a truck driver is an independent contractor, the company may still be held liable under statutory employment rules.
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