Stephen Hasner | Truck Accidents | December 11, 2023
In Georgia, laws set by both state and federal regulators dictate how long drivers can work, how big or heavy trucks can be, and how they must be maintained.
If the driver or company ignored those rules, that often shows they failed to act with proper care, known by law as negligence. That gives you real leverage when claiming for medical bills, lost income, or other damages.
However, you should also know trucking companies and insurers have entire systems built around defending these rules. They’ll send their own investigators and damage control teams to the scene moments after the crash, looking for reasons to share or shift blame. Your best protection is working with an Atlanta truck accident lawyer to figure out which rules might have been violated, preserving evidence immediately, and building your case with knowledge, not guesswork.
If you were in a truck accident and want to know what rules apply, call Hasner Law PC at 678‑888‑HURT (4878).
Key Takeaways for Georgia Truck Accident Claims
- A rules violation is evidence of negligence. This strengthens your claim by showing the truck driver or their company failed to follow mandatory safety standards.
- Multiple parties may be liable. Responsibility could extend from the driver to the trucking company, cargo loaders, or parts manufacturers, increasing the sources for potential compensation.
- Evidence must be preserved immediately. Electronic logs, dispatch records, and maintenance reports are vital, and you must act quickly to prevent a trucking company from destroying them.
Why Do So Many Truck Accidents Happen on Georgia’s Roads?
Georgia is a major artery for the nation’s logistics and transportation industry. Freight-intensive industries make up approximately 40% of total employment in the state. This central role in the supply chain means our roads are constantly filled with large commercial trucks. More trucks, unfortunately, mean more risk on the road.
This risk is amplified by the state’s economic growth. The Appalachian Regional Port, for example, saw a significant increase in container traffic in early 2024, with rail lifts jumping 23% in February compared to the previous year. Much of that cargo finishes its journey on our highways. This economic boom funnels a massive volume of heavy trucks onto already crowded corridors like I-285 in Atlanta, a highway so congested that traffic delays cost the economy thousands of dollars every day.
Federal and state regulations are meant to be a counterbalance to the immense pressure of delivery schedules and profit margins. When trucking companies prioritize speed and profit over safety, the consequences are devastating. Your accident might not be a “random event,” but the predictable result of a system where safety rules were bent or broken.
Was the Driver Asleep at the Wheel? Understanding Hours of Service Rules
One of the most significant dangers on the road is a fatigued truck driver. To combat this, the Federal Motor Carrier Safety Administration (FMCSA) enforces strict Hours of Service (HOS) regulations. These rules exist for one reason: to prevent tired drivers from getting behind the wheel of an 80,000-pound vehicle.
For drivers carrying property, the core rules are straightforward. A driver generally has a 14-hour window to work after coming on duty. Within that window, they are limited to a maximum of 11 hours of driving time. Once they hit either of these limits, they must take 10 consecutive hours off duty before they may drive again.
The intense pressure to meet deadlines, however, sometimes leads drivers and the companies they work for to ignore these safety rules. A driver who pushes past their legal limit experiences slower reaction times, impaired judgment, and a much higher risk of falling asleep at the wheel.
So, how do we figure out if this applies to your case? Simple: act quickly if you’ve been in a crash. Our firm will send a spoliation letter to the trucking company, which is a formal legal notice that demands they preserve all evidence related to the accident. This evidence is key to uncovering potential HOS violations and includes:
- Electronic Logging Device (ELD) Data: Nearly every commercial truck is required to have an ELD, which automatically records driving time. This data is the most direct way to prove an Hours of Service violation.
- Driver’s Logbooks and Trip Records: These documents are compared against fuel receipts, toll records, and delivery schedules to uncover inconsistencies that suggest falsified logs.
- Dispatch Communications: Emails, text messages, and radio logs between the driver and the company reveal if the company was pressuring the driver to violate HOS rules to make a delivery on time.
What Other Georgia-Specific Driving Rules Apply to Truckers?
Beyond the federal HOS rules, truckers in Georgia must also follow specific state traffic laws. Violations of these rules are clear indicators of negligence and are usually easier for witnesses to observe.
Georgia’s Hands-Free Law
Under the Hands-Free Georgia Act, it is illegal for any driver to hold or support a phone or other electronic device with any part of their body. For a commercial driver managing a vehicle that weighs up to 40 tons, the distraction of a phone is catastrophic.
After a Truck Crash, we subpoena the driver’s phone records to determine if they were talking, texting, or using an app at the time of the collision.
Lane Restrictions (O.C.G.A. § 40-6-52)
Georgia law also dictates where large trucks travel on multi-lane highways. On roads with three or more lanes going in the same direction, trucks with more than six wheels are required to stay in the two right-most lanes. They are generally forbidden from using the far-left lane except when preparing for a left turn.
If you were struck by a semi-truck in the left lane of I-75, I-85, or another major Georgia highway, the driver was likely in violation of O.C.G.A. § 40-6-52, and this is evidence in your case.
Following Too Closely
A fully loaded semi-truck requires a much longer distance to stop than a passenger car. Because of this, tailgating in a commercial vehicle is an extremely dangerous and aggressive behavior.
While there isn’t a specific “three-second rule” codified into law for trucks, a driver following too closely is found negligent for failing to maintain a safe stopping distance, putting everyone around them at risk.
How Do Weight, Size, and Maintenance Factor into a Truck Accident Claim?
The driver’s actions are only one part of the equation. The physical condition of the truck itself is equally important. Both federal and state laws impose strict regulations on a truck’s weight, the security of its cargo, and its mechanical maintenance.
In Georgia, the maximum gross vehicle weight for a truck is typically 80,000 pounds without a special permit. Overloaded or poorly maintained trucks pose a severe threat on our roads for several reasons:
- Overweight Trucks: A truck that exceeds its weight limit takes significantly longer to stop, is more susceptible to tire blowouts, and puts enormous stress on its brakes and suspension.
- Improperly Secured Cargo: If cargo is not loaded and secured correctly, it shifts during transit, causing the driver to lose control. In some cases, cargo falls directly onto the highway, creating a hazard for every other vehicle.
- Poor Maintenance: Worn-out brakes, bald tires, and malfunctioning lights are common maintenance failures that lead directly to a collision. Trucking companies are legally required to perform regular inspections and keep detailed repair logs.
Simply accepting the trucking company’s word that their vehicle was in perfect condition is not enough. A thorough investigation involves demanding and scrutinizing their records through the legal discovery process. Our team analyzes:
- Weight Station Records and Bills of Lading: These documents prove whether the truck was over the legal weight limit.
- Annual Inspection Reports: All commercial vehicles must undergo a comprehensive inspection at least once a year.
- Driver Vehicle Inspection Reports (DVIRs): Drivers are required to inspect their trucks before and after each trip and report any mechanical defects.
- Maintenance and Repair Records: This paper trail reveals if a company knew about a safety problem but chose to ignore it to keep the truck on the road.
Who Is Actually Responsible? The Driver, the Company, or Someone Else?
After a truck accident, identifying the responsible party is not always simple. It may seem like the driver is solely to blame, but the liability extends to the company they work for and potentially other third parties.
This is because of a legal concept known as respondeat superior. Simply put, this doctrine holds an employer legally responsible for the negligent acts of an employee if those acts occurred within the scope of their employment.
Several different parties may be held liable in a truck accident claim:
- The Truck Driver: For direct negligence, such as speeding, distracted driving, or driving under the influence of alcohol or drugs.
- The Trucking Company (Motor Carrier): For their own negligence, which includes negligent hiring (hiring a driver with a poor safety record), inadequate training, or encouraging drivers to violate Hours of Service rules.
- The Cargo Shipper or Loader: If the crash was caused by improperly loaded or secured cargo that shifted during transit.
- The Truck or Parts Manufacturer: If a defective part, such as faulty brakes or a flawed tire, was the cause of the accident.
- A Third-Party Maintenance Company: If they performed shoddy repairs that led to a mechanical failure on the road.
A key part of our job is to investigate every angle of the accident to identify all potentially liable parties. This approach ensures you pursue the maximum compensation available under the law for your injuries and losses.
Frequently Asked Questions About Georgia Commercial Truck Regulations
What is the minimum insurance a commercial truck must have in Georgia?
For trucks operating only within Georgia (intrastate), the law generally requires a minimum of $100,000 in liability coverage per person and $300,000 per accident. However, most large semi-trucks that cross state lines (interstate) are subject to federal regulations. These rules typically mandate much higher insurance limits, usually starting at $750,000 for general freight and going up from there depending on the cargo.
How does the recent rollback of some federal trucking rules affect my case?
You may have heard about proposals to change certain federal trucking regulations to reduce paperwork. However, the core safety principles, such as Hours of Service limits, weight restrictions, and proper vehicle maintenance, remain firmly in place. These foundational safety rules are what matter most when building a personal injury claim after an accident.
The accident happened on I-285 near an industrial park. Is that relevant?
Yes, the location is very relevant. Areas with a high concentration of warehouses and distribution centers have intense truck traffic. We investigate whether the driver was rushing to meet a tight deadline at a specific facility, which helps establish a pattern of hurried behavior or even company-wide pressure that compromises safety.
Don’t Let a Lack of Information Stand in Your Way
After a collision with a commercial truck, it is easy to feel like you are at a disadvantage. But the law provides a clear set of safety rules that are meant to protect you.
However, knowing your rights and enforcing them are entirely different. Your recovery should not be limited by what an insurance adjuster claims is fair. It should be based on the full extent of your losses as allowed by Georgia law.
Let us help you understand your rights and the true value of your claim. The first conversation costs you nothing.
Call Hasner Law PC today at 678-888-HURT (4878) to speak with our team.
