Truck accidents are often devastating. Commercial trucks can weigh 20 to 30 times more than passenger vehicles, and collisions frequently result in serious injuries. If you were involved in a Georgia truck accident, it is important to understand your legal rights and what steps to take immediately after the crash. Knowing what to do after a truck accident can protect your health, your safety, and your potential injury claim. Here, our Marietta truck accident lawyer explains what to do after a semi truck accident in Georgia.
Call 911 Immediately After a Truck Accident
The first and most important step after any truck accident is to call 911. Georgia law requires drivers involved in accidents resulting in injury, death, or significant property damage to report the crash to law enforcement. This requirement is found under O.C.G.A. § 40-6-273.
Police officers will create an accident report, which can be important evidence in a truck accident claim. The police report may include:
- Names and contact information of drivers
- Insurance information
- Witness information
- Officer observations
- Statements from drivers
- Possible traffic violations
A police report can play a major role in proving fault in a Georgia truck accident case.
Seek Medical Attention Immediately
Another critical step in what to do after a truck accident is to seek medical attention immediately. Truck accidents often cause serious injuries such as:
- Whiplash
- Broken bones
- Internal injuries
- Traumatic brain injuries
- Spinal cord injuries
- Back injuries
- Soft tissue injuries
Some injuries may not appear immediately after the accident. Internal injuries and concussions can take hours or days to show symptoms. Getting medical treatment right away protects your health and creates medical records that connect your injuries to the accident. Delaying medical treatment can also hurt your personal injury claim because insurance companies often argue that delayed treatment means the injuries were not serious or were not caused by the crash.
Move to a Safe Location If Possible
If your vehicle is drivable and it is safe to do so, you should move your vehicle to the shoulder or a safe area. Georgia law allows drivers to move vehicles out of traffic after minor accidents to prevent additional crashes. This is addressed under Georgia’s “Move It” law, O.C.G.A. § 40-6-275. However, if there are serious injuries, do not move anyone unless necessary for safety.
Exchange Information With the Truck Driver
Another important step in what to do after a semi truck accident is to exchange information with the truck driver and any other drivers involved. You should obtain:
- Driver’s name
- Employer or trucking company name
- Insurance company
- Policy number
- Commercial driver’s license information
- License plate number
- Truck number
- Trailer number
Truck accident cases are different from regular car accident cases because multiple parties may be involved, including the truck driver, trucking company, cargo company, maintenance company, and insurance companies.
Take Photos and Gather Evidence
Evidence is extremely important in a Georgia truck accident case. If you are physically able, you should gather evidence at the accident scene. Important evidence may include:
- Photos of vehicle damage
- Photos of the truck
- Photos of skid marks
- Photos of road conditions
- Photos of traffic signs
- Photos of injuries
- Witness contact information
- Dash cam footage
- Surveillance cameras nearby
Truck companies often send investigators to accident scenes quickly to gather evidence. Injury victims should also document as much as possible.
Do Not Admit Fault
After a truck accident, you should be careful about what you say to other drivers, witnesses, and insurance companies. Do not admit fault or apologize for the accident. Even saying something like “I didn’t see you” or “I’m sorry” can be used against you later. To be sure, Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33. Under this law:
- You can recover damages if you are less than 50% at fault
- Your compensation is reduced by your percentage of fault
- If you are 50% or more at fault, you cannot recover damages
Insurance companies often try to blame injury victims to reduce payouts. As such, it’s always in your best interest to avoid saying or doing anything that could be construed as admitting fault in a future investigation.
Report the Accident to Your Insurance Company
Another step in what to do after a truck accident is to notify your insurance company. Most insurance policies require prompt reporting of accidents. However, you should be careful when speaking with insurance adjusters. Insurance companies may:
- Ask for recorded statements
- Ask for medical authorizations
- Try to get you to settle quickly
- Try to minimize injuries
- Try to blame you for the accident
You should not accept any settlement offer without understanding the full value of your claim.
Understand That Truck Accident Cases Are More Complicated
Truck accident cases are often more complicated than regular car accident cases because they may involve:
- Federal trucking regulations
- Commercial insurance policies
- Multiple liable parties
- Driver logs and hours of service rules
- Truck maintenance records
- Black box data
- Cargo loading records
- Company safety policies
The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial trucking companies and drivers. These regulations include hours-of-service rules that limit how long drivers can operate without rest. Violations of trucking regulations can help prove negligence in a truck accident case.
Statute of Limitations for Truck Accident Claims in Georgia
Georgia has a two-year statute of limitations for most personal injury claims under O.C.G.A. § 9-3-33. If a lawsuit is not filed within two years of the accident, the injured person may lose the right to recover compensation. This is incredibly important to keep in mind; to be sure, if you attempt to begin a claim after this two-year period is up, you will likely be barred from recovering anything. Ultimately, because truck accident cases require investigation and evidence collection, it is important to act quickly.
Contact Our Marietta Truck Accident Lawyer Today for Help with Your Case
Knowing what to do after a truck accident, what to do after a semi truck accident, and how to protect your rights after a Georgia truck accident can make a major difference in your case.
At The Persons Firm, LLC, our Marietta truck accident lawyer helps injured victims in zip code 30060 investigate truck accidents, determine liability, deal with insurance companies, and pursue full financial compensation. Contact us today for a free consultation if you were injured in a truck accident in the area.