Georgia Truck Accident FAQ: Common Questions Answered by Attorney Nathaniel Edmonds

Question: What Should You Do If a Truck Suddenly Moves Into Your Lane?

Answer: A truck driver should be aware of vehicles around the truck, including vehicles that may be difficult to see.

If a truck begins moving into your lane, try to slow down, use your horn and take evasive action if it is safe to do so.

There may be very little time to react, but doing what you reasonably can to avoid the collision may be important.

Question: What Should You Do First After Being Hit by an 18-Wheeler or Delivery Truck?

Answer: The first priority is safety.

If possible and safe, move out of the lanes of travel and contact law enforcement. If you are injured, let 911 know and request medical assistance.

Your health should come before dealing with the legal claim. You do not necessarily need to contact an attorney from the scene of the accident. Once you have been medically evaluated and know what you are dealing with, you can then consider discussing the claim with an attorney.

Question: What If You Feel Fine Immediately After a Truck Accident but Develop Pain Later?

Answer: Delayed pain and symptoms are common after traumatic accidents.

Adrenaline can initially mask symptoms, with stiffness or soreness becoming noticeable after you have had time to calm down.

If pain or other symptoms develop after the crash, getting checked by a hospital, urgent care provider or primary doctor can help determine whether you have suffered an injury.

Question: Is a Truck Automatically at Fault for Rear-Ending Someone in Construction Traffic?

Answer: Not automatically.

There are circumstances in which a truck driver may have difficulty stopping because of the truck’s weight and the amount of cargo it is carrying.

For example, if another vehicle moves directly in front of a truck and takes away its safe following distance, the circumstances may need to be examined before determining who was responsible.

Physical evidence and the accident report can be important when evaluating what actually happened.

Question: What Factors Affect How Quickly a Truck Can Stop?

Answer: A truck’s stopping ability can depend on several factors.

The type of vehicle, its weight, braking system, brake adjustment and other mechanical factors may all need to be considered.

When braking ability is relevant to a collision, these factors may need to be investigated as part of the claim.

Question: What If a Truck Driver Says You Were in Their Blind Spot?

Answer: A driver claiming that another vehicle was in a blind spot does not necessarily answer the question of who was responsible for the crash.

Evidence may include the truck’s mirror positioning, vehicle inspections, camera footage and other available data.

Many commercial trucks now have cameras covering different angles. If that evidence exists, preserving it early can be particularly important because electronic evidence may not remain available indefinitely.

Question: Are Trucks Required to Have Cameras?

Answer: The podcast discusses that there is not an identified legal requirement for all trucks to have this type of camera equipment.

Larger trucking carriers may have cameras on their trucks, while other vehicles may not have the same equipment.

When cameras or other recording devices do exist, the information they contain may become important evidence in a truck accident claim.

Question: Can the Trucking Company Be Responsible for an Accident?

Answer: Potentially, yes.

A trucking company may be responsible for the actions of its driver when the driver is acting within the course and scope of employment.

There can also be other potential areas of investigation involving the employer, such as hiring, training, supervision and whether the driver was working appropriate hours.

These issues may need to be examined when evaluating a commercial truck accident claim.

Question: Does a Driver’s Qualification Affect a Truck Accident Claim?

Answer: The qualifications of the driver can be relevant depending on the circumstances.

If a trucking company has someone operating an 18-wheeler who is not legally qualified or permitted to perform the work, that could become an issue that needs to be investigated.

The podcast explains that it can sometimes be useful to obtain this information even if it ultimately turns out not to be necessary for the claim.

Question: Do the Same Rules Apply to an 18-Wheeler and a Local Delivery or Box Truck?

Answer: Not always.

There are similarities, but requirements can differ depending on whether a trucking operation is interstate or intrastate.

The distinction can affect requirements and insurance considerations, which is why identifying the type of motor carrier involved can be important after an accident.

Question: What Trucking Records Can Help Show What Happened?

Answer: A wide range of records may be relevant depending on the circumstances.

These can include:

• Driver logs
• Time records
• Maintenance records
• Training records
• Bills of lading
• Trip reports
• Vehicle information
• Camera footage
• Electronic data
• Truck and trailer inspection information

The exact evidence needed will depend on the facts of the accident.

How Quickly Should Truck Accident Evidence Be Preserved?

Answer: As soon as reasonably possible.

This does not necessarily mean contacting an attorney from the accident scene, but if you believe you may pursue a claim, speaking with an attorney sooner rather than later can allow preservation notices to be sent.

The truck and trailer themselves may also need to be inspected before they are returned to service, because important evidence involving brakes, mirrors or other equipment may become harder to evaluate later.

Question: Can You Take Pictures After a Truck Accident?

Answer: Yes, if you are able to do so safely.

You can also ask the investigating officer to take photographs, although the officer may decide that additional photographs are not necessary for the investigation.

When taking your own photographs, it is important to consider what each photograph actually shows and what it may help establish because photographs can potentially become evidence later.

Question: What If the Police Report Is Wrong?

Answer: An accident report is not necessarily the only evidence available to establish what happened.

If you disagree with the report, other evidence may include statements from the people involved, eyewitness testimony, dash-camera footage, physical evidence and expert analysis.

In some cases, accident reconstruction experts can examine vehicle damage and use measurements and modelling to help determine how a collision occurred.

Question: How Can You Find Out If a Truck Driver Was Tired, Distracted or Speeding?

Answer: Preserving the relevant trucking records can help investigate these questions.

Depending on the circumstances, this may include time cards, driver logs, maintenance records and other documentation relating to the driver’s work and the truck.

These records can help establish facts that may not be obvious from the accident scene alone.

Question: How Long Does a Truck Accident Case Take to Resolve?

Answer: The timeline can vary considerably.

The extent of the injuries and length of medical treatment can have a significant effect on how long a claim takes.

The podcast discusses examples ranging from cases resolved within weeks to cases involving significant injuries that require treatment for months or longer. A general benchmark discussed in the episode is approximately six months to a little over a year, although individual cases can be considerably shorter or longer.

Question: What If You Were Partly at Fault for the Truck Accident?

Answer: Being partly at fault does not necessarily mean that you have no claim.

The episode discusses comparative negligence, where more than one person may have contributed to an accident.

Depending on the circumstances and the percentage of fault attributed to each party, the amount of a potential recovery may be affected.

Question: What Should You Say If a Trucking Company’s Insurance Adjuster Calls?

Answer: The podcast recommends proceeding carefully when communicating with an insurance adjuster about a truck accident claim.

An adjuster may ask questions about the accident or request a recorded statement. If you have decided to pursue a claim, having an attorney handle communications with the insurance company can help you avoid making statements without understanding how they may be used.

If you already have an attorney representing you, you can tell the insurance company to communicate with your lawyer instead.

Question: When Should You Contact a Truck Accident Attorney?

Answer: The podcast recommends discussing your situation with an attorney reasonably soon after the accident, particularly when you believe you may have a claim.

That does not necessarily mean hiring an attorney immediately or contacting one from the accident scene. First, seek appropriate medical attention and understand your injuries.

An attorney can then discuss the circumstances of the accident, evidence preservation and the options available for handling the claim.

Question: What Can an Attorney Do in a Truck Accident Case?

Answer: A lawyer handling a commercial truck accident claim can help investigate the circumstances, preserve relevant evidence and communicate with the parties involved.

The investigation may involve trucking records, vehicle inspections, electronic data, witnesses, accident reconstruction and other evidence depending on the circumstances.

Having legal representation can also reduce the need for an injured person to handle communications with insurance adjusters while dealing with medical treatment and recovery.