Trucking Laws in Georgia and Their Impact on Your Accident Case
Semi-trucks and tractor-trailers are subject to several state and federal regulations that don’t apply to passenger vehicles. The existence of these regulations can affect how truck accident injury claims play out, so it’s important to understand trucking laws and their impact on your case. If you have injuries from a truck accident due to another’s fault, the team from The Scott Pryor Law Group can answer your questions about trucking laws in Georgia and their impact on your accident case and discuss your options for pursuing financial compensation.
Overview of Trucking Laws in Georgia and Their Impact on Your Accident Case
Georgia has over 5 million registered trucks, and the state ranks among the worst for truck accident fatalities in the nation. Between 2013 and 2023, there were over 300,000 truck crashes in Georgia, and accident deaths have risen by nearly 81 percent in the past decade. Over a third (34 percent) of fatal crashes occur in rural counties, most commonly on interstates like I-75, I-295, and I-16.
Given the dangerous nature of the trucking industry, the government heavily regulates the activity of trucking companies and common carriers. Commercial trucks in Georgia are subject to both federal and state regulations. Federal regulations primarily cover employee drug testing procedures, hours of service limits, vehicle maintenance, and hazardous materials transportation.
Federal and state laws largely overlap, but state laws include additional provisions for licensing procedures, insurance requirements, and vehicle weight/height restrictions. Knowing how the two categories of regulations intersect is essential for successfully navigating a truck accident claim.
Key Trucking Regulations That Affect Injury Claims
Important regulations that impact trucking accident claims include:
CDL Requirements and Driver Qualifications
All truck drivers in Georgia must be at least 18 years old (21 for interstate travel), possess a valid CDL, and be of “temperate habits and good moral character” (O.C.G.A. 40-1-8(b)(2)). Georgia has Class A, Class B, and Class C CDL licenses for operating commercial trucks of different weights.
Weight and Size Restrictions
O.C.G.A. 32-6-26 puts an 80,000-pound upper limit on truck weights on public roads. Semi-truck dimensions are generally limited to 28 feet long and 102 inches wide. Larger trucks can be driven with the proper permits, though.
Hours of Operation
Federal law limits consecutive driving to 11 hours after at least 10 consecutive hours off-duty. Drivers also cannot drive more than 60 hours in seven consecutive days.
Maintenance Requirements
Truck drivers must make routine inspections, and record all defects as well as log all repairs. Truck companies must keep records of these inspections/repairs and produce them when the authorities request them.
If a truck driver or truck company violates federal or state regulations and causes injury, they can be financially liable for any injuries. As such, looking for rule violations is a significant aspect of the investigation phase of the claims process.
Determining Liability in a Georgia Truck Accident
Liability for truck accidents can fall on several parties, depending on the nature and root cause of the accident:
- Truck drivers can be liable for accidents due to negligent driving, like speeding, ignoring road signs, driving fatigued, and operating while under the influence.
- Trucking companies can be responsible for accidents due to negligent fleet maintenance or unsafe management practices, like hiring unqualified drivers.
- Truck manufacturers can be held liable for accidents that happen due to defective truck parts, such as brakes, tires, steering columns, and engines.
- Third-party cargo loading crews may be culpable for accidents due to loose or unsecured cargo.
Georgia is a comparative negligence state, so you can recover compensation if you are partially responsible as long as you are less than 50 percent at fault. However, comparative fault laws reduce any final award you receive according to your percentage of blame.
Role of Evidence in Georgia Trucking Cases
The key challenge of truck accident claims (and personal injury claims, more generally) is providing evidence of your injuries and lack of fault. Evidence that is particularly relevant in trucking cases includes:
- Electronic Logging Data –All modern trucks have electronic logging devices (ELDs), black boxes that record vehicle parameters for future review. ELDs can provide precise information on the truck’s speed, wheel angle, acceleration, and location during the accident.
- Driver Records –Driver records can provide evidence on hours of service violations, negligent hiring practices, or previous driver violations.
- Maintenance Logs –Maintenance logs can show whether a given truck had mechanical problems and whether the trucking company was negligent in maintaining its fleet.
How Georgia Trucking Laws Impact Case Outcomes
Trucking regulations matter to truck accident claims because violations can impute liability for injuries. Violating specific federal or state trucking regulations is often enough to determine negligence, especially when those laws relate to the safe operation of commercial vehicles. Depending on the circumstances of the accident, the responsible parties could be liable for your:
- Medical bills
- Lost work income
- Reduced earning capacity
- Pain and suffering
- Quality-of-life reductions
- Property damage
If your loved one has died in a trucking accident, you may be able to file a wrongful death claim to recover your financial losses and emotional suffering. Depending on the severity of the violation, a court may also award punitive damages against the offender as a form of punishment.
What to Do After a Truck Accident in Georgia
You only have two years to file a truck accident claim in Georgia, and the claims process can take a long time, so it’s important to start early. Your priority after the accident should be documenting the scene with photos and video recordings. Get the truck driver’s insurance and employer information, and get eyewitness statements, if possible. Next, go to a doctor and secure copies of your medical documentation.
Next, contact a truck accident attorney from The Scott Pryor Law Group. We can organize your documents and initiate the next steps of the claims process. We can also represent you in negotiations and formal litigation, if necessary. We are proud to have helped countless truck accident victims recover their losses, and we are ready to stand up for your rights and well-being.
Contact our offices today or reach out by phone for a free case consultation with a Georgia truck accident attorney.
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