Truck accident liability in Georgia can involve much more than determining which driver caused a crash. Commercial trucking companies and drivers may be subject to Federal Motor Carrier Safety Administration (FMCSA) regulations, and a single collision can involve liability for the driver, motor carrier, cargo-loading company, or even a vehicle or parts manufacturer.
These additional rules and parties make truck accident claims more complex than most ordinary car accident cases. They also emphasize the importance of preserving trucking records and electronic evidence before they are lost due to routine data retention practices.
What FMCSA Regulations Can Matter After a Georgia Truck Accident?
FMCSA regulations establish safety requirements for many commercial carriers and drivers that do not apply to ordinary motorists. Important areas include hours of service, driver qualifications, and vehicle inspection and maintenance.
- Hours-of-service requirements: Limit how long covered commercial drivers may drive and remain on duty. ELD records can help show whether driver fatigue or excessive driving time contributed to a crash.
- Driver qualification files: Under 49 C.F.R. § 391.51, motor carriers must maintain records concerning driver qualifications, including certain driving and employment records.
- Inspection and maintenance requirements: Under 49 C.F.R. § 396.3, motor carriers must systematically inspect, repair, and maintain covered vehicles. Maintenance records may reveal mechanical problems that contributed to a collision.
These federal requirements create additional lines of investigation that may not exist after an ordinary Georgia car accident.
Who Can Be Liable for a Truck Accident in Georgia?
More than one person or company can share responsibility for a Georgia truck accident. Potentially liable parties include the truck driver, motor carrier, cargo-loading company, and, in some cases, a vehicle or parts manufacturer.
Georgia’s apportionment statute, O.C.G.A. § 51-12-33, is particularly important when several people or entities contributed to an injury. It directs the fact-finder to consider the fault of persons or entities that contributed to the claimed injury and generally apportions damages among liable parties according to their percentages of fault.
What Evidence Should Be Preserved After a Georgia Truck Accident?
Evidence should be preserved quickly after a truck accident. Key evidence can include black box/ECM data, ELD records, maintenance and inspection records, driver qualification files, and cargo records. ECM data can show how the truck was operating before the crash, while ELD records can reveal driving hours and potential hours-of-service violations.
Timing is critical because carriers can legally overwrite or discard certain electronic records on a routine schedule if they are not preserved in response to a legal request. A prompt preservation request can help prevent important evidence from being lost or destroyed.
Why Does Trucking-Specific Experience Matter in a Georgia Truck Accident Case?
Trucking-specific experience matters because these cases can require knowledge of FMCSA regulations, carrier records, electronic evidence, and multi-party liability that an ordinary personal injury case may not involve. A lawyer must know both what evidence to request and why that evidence matters.
Jamie Casino Injury Attorneys brings 40 years of combined experience to injury cases in Georgia. We have an average 4.9-star Google rating from more than 1,000 reviews, and our Managing Attorney, Jamie Casino, has an 8.1 Avvo rating.
Frequently Asked Questions
Can Both a Truck Driver and a Trucking Company Be Liable in Georgia?
Yes. Depending on the facts, liability may lie with the driver, the motor carrier, or other parties whose conduct contributed to the crash.
What Is an ELD in a Truck Accident Case?
An electronic logging device records a commercial driver’s duty status. ELD data can help determine whether applicable federal hours-of-service requirements were followed.
How Long Are Trucking Companies Required to Keep ELD Records?
Federal regulations generally require motor carriers to retain drivers’ ELD records and records of duty status for at least six months.
Can a Cargo-Loading Company Be Liable for a Truck Crash?
Potentially. A company involved in loading cargo may face liability when its negligent conduct contributes to an unsafe load and a resulting crash.
Why Should Truck Accident Evidence Be Preserved Quickly?
Some electronic and company records are kept only for specified periods and may later be overwritten or discarded as part of routine practices. Early preservation efforts can protect important evidence.
Contact the Georgia Truck Accident Lawyers at Jamie Casino Injury Attorneys for Legal Assistance
A Georgia truck accident can involve federal regulations, electronic evidence, and several potentially liable parties.
The personal injury attorneys at Jamie Casino Injury Attorneys can investigate the driver, carrier, cargo operations, maintenance history, and other evidence that may explain how the collision occurred. Please contact us at our nearest location to schedule a free consultation today.
We serve Savannah, Augusta, and the surrounding areas in Georgia.
Jamie Casino Injury Attorneys – Savannah Office
480 Mall Blvd,
Savannah, GA, 31406
(912) 355-1500
Jamie Casino Injury Attorneys – Augusta Office
1450 Greene St, Suite 140
Augusta, GA, 30901
(706) 750-8860
