How Speeding Leads to Truck Accidents in Georgia—And How Lawyers Prove It

Key Points:

• A truck’s size and weight make it much more difficult to maneuver and much harder to stop, increasing the potential for damage to other vehicles.
• Determining who is at fault in a truck-related accident sometimes includes the truck driver, the trucking company, the manufacturer, and others.
• Trucking companies often employ experienced legal teams to defend against truck accidents; consequently, obtaining compensation can be difficult.
• Drivers of passenger vehicles must be aware of the danger posed by speeding big rigs and maintain a safe distance at all times.

Table of Contents

Did it appear that the semi-truck was speeding at the time of your accident? If so, this can strengthen your case. Your car accident attorney will need to prove speeding occurred, and if successful, you may receive greater compensation in your settlement.

Why Speeding Semi-Trucks Are More Dangerous Than Many People Think

Semi-trucks carry loads up to 80,000 pounds. And, although heavy trucks take much longer than cars to stop or change lanes, some truck drivers choose to exceed speed limits that all vehicles are expected to obey, significantly increasing the likelihood of severe crashes—and serious injuries.

Understanding Semi-Truck Speed Limits: Governing Devices and Real-World Capabilities

Semi-trucks have two main speed categories:

• Top speed: Most semi-trucks are capable of reaching a top speed of somewhere between 70 mph and 80 mph.
• Governed speed: A truck’s governed speed is a preset maximum speed that the truck can go, typically around 65 mph to 75 mph, and is set by the trucking company through a governor device.

What are Common Reasons Truckers Exceed the Speed Limits?

Despite the obvious dangers of speeding, truck drivers may exceed speed limits because:

• Time Constraints: Tight delivery schedules and unexpected delays motivate speeding, especially when trucking companies pressure drivers to meet deadlines to avoid penalties.
• Payment Incentives: Per-mile payment is how some drivers earn a living, so when they're paid by the mile, there's an incentive to drive faster and cover more ground to increase their earnings.
• Fatigue: Long hours and irregular sleep schedules lead to exhaustion, which is dangerous because it hinders the driver’s reaction time.
• Company Culture: Trucking companies that prioritize speed and efficiency over safety create an environment where the drivers feel like they’re being pressured to meet unrealistic expectations, even if it means risking someone (like you) getting hurt.

Do Semi-Trucks Have Different Speed Limits They Have to Obey?

In Georgia, semi-trucks generally follow the same speed limits as passenger vehicles, including at night. These are the maximum speeds set by the state of Georgia for ideal conditions for all drivers:

• Rural Interstate Highways: 70 mph
• Urban Interstate Highways and Divided Highways with Multiple Lanes: 65 mph
• Other Roads: On undivided highways, state routes, and county roads, the maximum speed limit is typically 55 mph.

Why is it Extremely Dangerous for an 18-Wheeler to be Speeding?

18-wheeler trucks are especially vulnerable to the dangers of speeding due to:

• Increased Stopping Distance: Semi-trucks require a significantly longer distance than cars to come to a complete stop. Speeding drastically increases this stopping distance and makes it much harder for the truck driver to avoid a collision.
• Reduced Maneuverability: Big rigs are less maneuverable than cars, making it difficult to navigate curves, avoid obstacles, or react quickly to changing traffic conditions.
• Rollover Risk: Sharp turns or sudden maneuvers at high speeds can cause a truck's center of gravity to shift, which increases the risk of rollovers.
• Tire Failure: High speeds (and heavy loads) put greater stress on the tires, causing them to heat up more. Heat buildup weakens tires and can lead to blowouts or tread separation, which can cause the truck driver to lose control.
• Cargo Shifting: When a truck speeds up, stops suddenly, or swerves, even the most secure cargo can shift violently within the trailer. If cargo flies off, it can cause more problems such as:
  • Debris on the Road: Debris from a semi-truck can cause flat tires, loss of control, or secondary accidents as drivers swerve to avoid it.
  • Obtrusive Objects: If large or heavy objects fall off a truck, they could severely damage other vehicles or penetrate car windshields or roofs.
• Driver Fatigue and Reduced Reaction Time: Driving for extended periods of time without taking a break to rest can lead to driver fatigue and slower reaction times.

Here are common, catastrophic consequences you could experience in an 18-wheeler accident:

• Chain Reaction Crashes: A truck’s size and momentum can easily trigger a chain reaction and impact multiple vehicles, causing widespread damage.
• Severe Injuries and Fatalities: The force of a collision with a speeding semi-truck can result in devastating injuries or fatalities for the occupants of other vehicles.
• Infrastructure Damage: Speeding semi-trucks can cause significant damage to guardrails, bridges, and other roadside infrastructure when they are involved in an accident.

What Evidence Can Prove a Truck Was Speeding?

There are several ways to determine whether or not a semi-truck was speeding before an accident:

• Skid Marks: These are crucial visual clues about the truck’s speed and its driver’s actions right before the impact.
• Road Conditions: Road and weather conditions, such as rain, fog, or snow, can influence how far a truck can skid once the brakes are applied.
• Debris Scatter: Debris scatter patterns indicate a lot about how the trucker in your accident was driving.
• Damage to Fixed Objects: Damage to guardrails, fences, and signs are all indications of a high impact velocity by a truck driver.
• Surveillance Cameras: Surveillance cameras sometimes record suspected speeding zones and provide details like license plates and vehicle type. Limitations like obscured views, night vision issues, tampering, and less precise speed measurements reduce their effectiveness.
• Overall Damage: The greater the damage to you, your car, and the truck, the more likely it was that the accident damage happened at a higher rate of speed. However, several other factors can influence visual damage, such as the severity of the collision, the type of impact, and the objects struck.
• Structural Characteristics: The age, weight, and build of the vehicles involved can affect how they absorb and exhibit the forces from the impact.

When in Doubt, Rely on Accident Reconstructions

Experts can analyze any evidence from the scene to determine how a semi-truck accident happened by establishing a timeline of events, identifying contributing factors, and pinpointing the positions of the vehicles involved.

Accident reconstruction experts use traditional physics and computer simulations, relying on key components of the accident itself:

• The Accident Scene: From measuring skid marks and analyzing debris scatter patterns to photographing damage to vehicles and surrounding objects, experts thoroughly assess the extent of the damage.
• The Vehicle: They search the semi-truck for damage and malfunction indicators (brake failure warnings, etc.), and collect data from the Event Data Recorder.
• Key Reports: Police reports, witness statements, and truck driver logs often contain relevant details to help understand what happened.

The Importance of Electronic Data

Lawyers have several types of electronic data that they can rely on as objective, unbiased, specific information both about the truck's performance and the driver's actions leading up to your accident: 

• Event Data Recorders (EDRs): Sometimes referred to as “black boxes,” EDRs can be used during accident investigations to provide timestamped information about the semi-truck’s vehicle speed, engine RPM, brake application, seatbelt use, airbag deployment, and vehicle direction.
• The Engine Control Module (ECM): An ECM controls the truck's engine, recording data on the engine’s performance, like its RPM speed, malfunction codes, and throttle position.
• GPS Data: Most modern semi-trucks are equipped with GPS tracking systems that act like a real-time log of the vehicle's movements.
• In-Cab Communication Systems: Some trucks feature communication systems that track the driver’s location and, in some cases, record conversations with dispatchers, potentially revealing either signs of fatigue or pressure by dispatchers.
• Video Recordings: Forward-facing dash cameras can provide crucial evidence of your accident.

Witness Testimonies in Speeding Cases

Witnesses can provide supporting evidence that a semi-truck was speeding. such as:

• Direct observation of the truck’s speed,
• Reports of reckless driving behavior, and
• Clear, consistent, and confident statements with specifics.

Can Evidence of Speeding by an 18-Wheeler Increase Your Damage Award?

We recommend consulting with an experienced attorney because proving that the truck driver was speeding is dependent on several factors:

• Negligence: In order to establish liability, you have to prove that the driver breached their duty of care by speeding, and by doing so directly caused the accident.
• Increased Liability: If you can prove that the truck driver was speeding, you can also argue that their actions directly contributed to the severity of the accident and your resulting injuries or property damage.
• Comparative Negligence: If your accident occurred in Georgia, you can recover damages as long as your own percentage of fault is not greater than 50 percent.
• Compelling Evidence: You’ll need to gather and present eyewitness testimonies, accident reconstruction analyses, data from the truck's onboard systems, surveillance footage, police reports, and any other relevant documentation that supports your claim.

Punitive Damages in Trucking Accident Cases: When Do They Apply?

The legal system uses punitive damages to “punish” the truck driver for their harmful actions and hopefully deter similar bad behavior in the future. However, the criteria for awarding punitive damages varies across jurisdictions, and certain legal standards must be met to qualify for such damages:

• Georgia Standard for Punitive Damages: You have to prove that the truck driver’s actions involved willful misconduct, malice, fraud, wantonness, oppression, or conscious indifference to consequences.
• Clear and Convincing Evidence: Georgia law requires that the evidence you present has to be substantially more likely to be true than not.
• Cap on Punitive Damages: Georgia law caps punitive damages at $250,000. However, specific exceptions exist if it can be proven that the truck driver acted with intent to cause harm or was under the influence of drugs or alcohol.
• Determination of Punitive Damages: Your jury gets to determine the amount of punitive damages that will be awarded, which can be reviewed and reduced by the court if it’s deemed to be excessive or unconstitutional.

Challenges of Trying to Prove That an 18-Wheeler Was Speeding

Some of the main obstacles you might encounter include:

• Severity of Injuries and Damages: Accidents involving semi-trucks can result in catastrophic injuries and extensive property damage. Trucking companies often dispute their liability and the extent of your injuries to minimize financial losses.
• Complex Liability Issues: A thorough investigation and analysis of driver logs, maintenance records, and company policies may indicate liability for more than just truck drivers.
• Adverse Insurance Company Tactics: Insurance companies may try to shift blame onto you, downplay the severity of your injuries, or pressure you into accepting a low settlement offer.
• Compliance with Federal Regulations: An expert with a deep understanding of applicable regulations can determine violations and whether these violations contributed to the accident.
• Resources and Legal Defense: Trucking companies and their insurance companies usually have the financial resources and dedicated legal teams to defend any claims against them.

Navigating these challenges requires a proactive approach to build a strong case. An established Atlanta law firm with experienced accident attorneys, like The Millar Law Firm, can gather evidence, engage experts, negotiate with insurance companies, and advocate for fair compensation on your behalf.