Hawk Law Group | May 8, 2025 | Truck Accident
A truck accident can be life-altering, whether you’re the truck driver, a passenger, or the driver of another vehicle involved. In Georgia, these crashes follow specific legal protocols with serious consequences for all parties. As Augusta’s experienced truck accident attorneys, we’ve handled numerous complex commercial vehicle cases and understand the critical steps that follow these devastating collisions.
Call our Augusta Truck Accident Lawyer today to start building your case before critical evidence disappears.
Immediate Steps After a Georgia Truck Accident
The moments following a truck accident are critical. What happens in these first few hours can significantly impact any future legal proceedings and insurance claims.
Stay at the Scene and Contact Authorities
When a commercial truck driver is involved in an accident in Georgia, they must remain at the scene. This isn’t just good practice—it’s the law.
According to Georgia Code § 40-6-270, all drivers involved in accidents resulting in injury, death, or property damage exceeding $500 must stop at the scene and report the accident to authorities. For commercial drivers, leaving the scene could result in:
- License suspension or revocation
- Criminal charges
- Termination of employment
- Significant fines
The first call should always be to 911 to report the accident and request emergency services if needed. Police officers will document the scene and create an official accident report, which becomes critical evidence in determining liability.
Report to Employer and DOT (if applicable)
Following a collision, commercial truck drivers must promptly notify their employer of the incident. Federal regulations require this notification typically within 24 hours, though many companies have stricter internal reporting policies.
Additionally, certain accidents must be reported to the Department of Transportation (DOT) under Federal Motor Carrier Safety Administration (FMCSA) guidelines. These include crashes involving:
- A fatality
- Injuries requiring immediate medical treatment
- Vehicle disablement requiring towing
The trucking company must maintain an accident register documenting all crashes that meet these criteria for at least three years.
💡 Federal Motor Carrier Safety Regulations require trucking companies to keep detailed accident registers. If a crash involves injury, fatality, or vehicle towing, it must be reported to the DOT. Failing to follow protocol can affect FMCSA compliance and the driver’s CDL standing.
Medical Evaluation and Drug Testing Requirements
After an accident, commercial drivers face mandatory testing requirements. Under FMCSA regulations (49 CFR § 382.303), post-accident drug and alcohol testing is required when:
- The accident results in a human fatality
- The driver receives a citation for a moving violation AND someone requires immediate medical treatment
- The driver receives a citation AND a vehicle must be towed from the scene
| Testing Requirement | Fatality | Bodily Injury + Citation | Disabling Damage + Citation |
| Alcohol Test | Yes (within 8 hours) | Yes (within 8 hours) | Yes (within 8 hours) |
| Drug Test | Yes (within 32 hours) | Yes (within 32 hours) | Yes (within 32 hours) |
| No Citation Issued | Testing still required | No testing required | No testing required |
Failure to comply with testing requirements can result in presumed positive results with serious employment and licensing consequences.
What Happens Legally After a Truck Driver Crash?
The result of a truck accident involves multiple investigations and legal proceedings that are more complex than those for standard passenger vehicle accidents.
Investigation Process
Following a truck accident in Georgia, a thorough investigation begins immediately:
- Law enforcement investigation: Police officers document the scene, interview witnesses, and may issue citations based on their preliminary findings.
- Trucking company investigation: The carrier’s safety team and insurance representatives typically dispatch to serious accident scenes, often arriving within hours.
- Electronic data collection: Unlike passenger vehicles, commercial trucks have “black boxes” (Electronic Logging Devices) that record essential data about speed, braking patterns, hours of service, and other valuable information.
- Federal investigation: In severe crashes, the National Transportation Safety Board (NTSB) may conduct an independent investigation.
The investigation will examine factors including driver fatigue, maintenance records, loading procedures, and compliance with FMCSA regulations.
Determining Liability in Georgia Truck Accidents
Liability in truck accidents often extends beyond just the driver. Potentially responsible parties include:
- The truck driver
- The trucking company (through vicarious liability)
- Vehicle or parts manufacturers (if equipment failure contributed)
- Loading companies (for improperly secured cargo)
- Maintenance providers (for negligent repairs)
- Government entities (for road defects)
Georgia follows a modified comparative negligence rule under Georgia Code § 51-12-33. This means victims can recover damages as long as they’re less than 50% at fault for the accident. However, their compensation will be reduced by their percentage of fault.
Potential Legal Consequences for the Driver
Truck drivers face various consequences after an accident, including:
- License penalties: Points assessed against their commercial driver’s license (CDL)
- Suspension or disqualification: Certain violations can result in temporary or permanent CDL disqualification
- Criminal charges: Depending on circumstances (such as DUI, reckless driving, or vehicular homicide)
- Employment impacts: Potential termination or difficulty securing future employment
The severity of these consequences depends on factors like the driver’s history, the accident’s cause, and whether injuries or fatalities occurred.
Common Consequences of Semi-Truck Accidents
Commercial truck accidents typically result in more severe outcomes than standard vehicle collisions due to the size and weight disparity between trucks and passenger vehicles.
⚠️ Truck drivers may face not only termination or CDL suspension, but also criminal prosecution for DUI, reckless driving, or vehicular homicide. These outcomes often depend on police reports, black box data, and regulatory violations.
Serious Injuries and Fatalities
The force generated in a truck collision often leads to catastrophic injuries:
- Traumatic brain injuries (TBIs): Even with airbag deployment, the force of impact can cause severe brain trauma
- Spinal cord injuries: Including paralysis and long-term disability
- Crush injuries and amputations: When smaller vehicles are compressed by commercial trucks
- Severe burns: Particularly when fuel tanks rupture or hazardous materials are involved
- Psychological trauma: Including PTSD, anxiety, and depression
According to the Georgia Governor’s Office of Highway Safety, large truck crashes accounted for approximately 14% of all traffic fatalities in Georgia in recent years, despite representing a much smaller percentage of total vehicles on the road.
Property Damage and Economic Impact
The physical damage from truck accidents extends well beyond vehicle repair:
- Total loss of passenger vehicles: Most cars struck by commercial trucks are deemed total losses
- Infrastructure damage: Including guardrails, bridges, and road surfaces
- Environmental cleanup: Particularly with fuel spills or cargo dispersal
- Traffic delays: Major truck accidents can shut down Georgia highways for hours or days
The economic ripple effects include lost productivity, increased insurance premiums, and significant financial burdens on local emergency services.
Environmental Hazards
When trucks carrying hazardous materials crash, the consequences can extend far beyond immediate injuries:
- Chemical spills: May contaminate soil and water sources
- Airborne toxins: Can affect communities downwind from the accident site
- Long-term environmental damage: Some contaminants persist for years
- Evacuation requirements: Hazmat spills often necessitate evacuations of surrounding areas
The Georgia Environmental Protection Division (EPD) responds to hazardous material incidents and coordinates cleanup efforts, but the costs often fall to the responsible parties.
Call our Aiken Truck Accident Lawyer today to start building your case before critical evidence disappears.
Insurance and Compensation After a Truck Accident
Commercial trucks carry substantially higher insurance coverage than passenger vehicles, reflecting the increased risk they pose.
Commercial Truck Insurance Policies
Federal regulations require minimum insurance coverage for interstate commercial vehicles:
- $750,000 for general freight carriers
- $1,000,000 for oil transporters
- $5,000,000 for hazardous materials transporters
Georgia state law requires intrastate commercial vehicles to carry at least $300,000 in liability coverage, though most carriers maintain higher limits to protect their assets.
Role of Trucking Company’s Insurance
After an accident, the trucking company’s insurance provider immediately begins protecting their interests:
- Dispatching rapid response teams to the accident scene
- Taking statements from witnesses and involved parties
- Securing the truck’s black box data and maintenance records
- Often making quick settlement offers to victims
These early settlement offers are almost always inadequate and designed to limit the company’s financial exposure before the full extent of damages is known.
Compensation for Victims
Victims of truck accidents in Georgia may be entitled to various types of compensation:
- Economic damages: Medical expenses, lost wages, property damage, and future care needs
- Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life
- Punitive damages: In cases involving gross negligence or willful misconduct
Unlike some states, Georgia does not cap most damages in personal injury cases, allowing for compensation that truly reflects the severity of truck accident injuries.
Legal Support: Why It Matters
The legal process of a truck accident involves complex regulations, multiple potentially liable parties, and aggressive insurance defense teams.
⚖️ Trucking companies are immediately backed by legal teams. Victims—whether other motorists or truck drivers themselves—should secure independent counsel to avoid conflicts of interest, preserve evidence, and manage federal safety rules and state liability laws.
Victims’ Rights and Representation
Truck accident victims should understand:
- The statute of limitations in Georgia is generally two years from the date of the accident
- Evidence must be preserved quickly before it disappears
- Trucking companies have teams of lawyers working immediately
- Early statements can significantly impact your ability to recover damages
Having our experienced legal representation levels the playing field and ensures your rights are protected throughout the process.
Independent Representation for Truck Drivers
Truck drivers should consider securing independent legal counsel, especially when:
- There’s potential for criminal charges
- The driver disagrees with the company’s assessment of fault
- Employment termination seems likely
- Personal assets could be at risk
Relying solely on the trucking company’s attorneys creates a conflict of interest, as their primary duty is to the company, not the driver.
Why Choose Our Georgia Truck Accident Lawyers?
At Hawk Law Group, we bring specialized expertise to truck accident cases:
- Local experience: We understand Georgia’s roads, courts, and regulations
- Resources for thorough investigation: Including accident reconstructionists and industry experts
- Track record of success: Our proven case results include millions recovered for truck accident victims
- Trial-ready approach: Insurance companies know we won’t settle for inadequate offers
We proudly serve truck accident victims throughout the Central Savannah River Area (CSRA), including:
- Augusta
- Evans
- Thomson
- Waynesboro
- Aiken, SC
- And surrounding communities
Contact our Georgia Truck Accident Lawyer Today
Whether you’re a truck driver facing serious consequences or an injured victim seeking justice, the steps you take immediately after an accident will significantly impact your future. With over 71 years of combined experience, our truck accident attorneys understand the complexities of these cases and will fight to protect your rights.
Don’t face this challenging time alone. Contact us online or call (706) 722-3500 for a free consultation with our experienced truck accident attorneys.
Frequently Asked Questions
What should a truck driver do immediately after an accident in Georgia?
A truck driver should remain at the scene, check for injuries, contact emergency services, notify their employer, and avoid making statements admitting fault. They should also document the scene if possible, obtain witness information, and follow company protocols for post-accident procedures, including mandatory drug and alcohol testing when applicable.
Can a truck driver lose their CDL after an accident?
Yes, a truck driver can lose their Commercial Driver’s License (CDL) after an accident, depending on the circumstances. Major disqualifying offenses include leaving the scene of an accident, driving under the influence, or committing a felony involving a motor vehicle. Even without these violations, accumulating points from traffic citations can lead to CDL suspension or revocation in Georgia.
Who is liable in a commercial truck accident?
Liability in commercial truck accidents often extends to multiple parties, including the truck driver, trucking company, vehicle manufacturer, maintenance provider, cargo loader, or even government entities responsible for road conditions. Georgia’s vicarious liability laws typically hold employers responsible for their employees’ actions while on the job, making the trucking company liable for driver negligence in most circumstances.
What’s the average settlement for a truck accident in Georgia?
While there’s no true “average” settlement, truck accident cases typically result in higher compensation than standard vehicle accidents due to more severe injuries and higher insurance limits. Settlements can range from tens of thousands to millions of dollars, depending on factors such as medical expenses, lost income, pain and suffering, and the clarity of liability. Every case is unique and should be evaluated on its specific circumstances.
What happens if hazardous materials are spilled in a truck crash?
When hazardous materials are spilled in a truck crash, emergency response teams specializing in hazmat containment are deployed, and affected areas may be evacuated. The Georgia Environmental Protection Division coordinates with federal agencies for cleanup and remediation. The trucking company faces substantial cleanup costs and potential regulatory fines. Victims exposed to hazardous materials may have additional claims for medical monitoring and related health concerns beyond standard injury claims.