Georgia Law Blog

Obviously, getting into a wreck with an 18-wheeler can be much more serious than getting into a collision with another automobile. Beyond the obvious difference in size, tractor trailer cases should be handled in a special manner. While many of the aspects of handling these claims and trial preparation is the same, there are many new options associated with truck cases. 

First, what are some of the primary differences between it comes to another automobile causing the accident or a large truck? The term large truck is meant to include 18-wheeled big rig trucks that can weigh up to 80,000 pounds fully loaded.  If these trucks weigh over 80,000 pounds, they must be driven as “oversized” in accordance with additional laws and regulations. 

Typically, these vehicles are called tractor trailers, eighteen-wheelers, big rigs, and semi trucks, and semis. Another category of smaller, yet often equally dangerous trucks, are trucks that have fewer than eighteen wheels, yet are larger than ordinary pick up trucks. These trucks can come in many shapes and sizes and include box trucks, small flat bed trucks, refrigerated trucks, and cargo trucks.

In Georgia, there is a law in the books called the Direct Action Statue at O.C.G.A. § 46-1-1, et. seq. This law allows for an injured party to sue not only the individual truck driver and his or her employer but also the insurance companies that insured the company and the driver of the truck. Although, there are many complicated definitions as to what types of trucks are included under the Direct Action Statue, this issue should be addressed early-on.  In a recent case, I filed a lawsuit under the Direct Action Statue naming two separate insurance companies. In that case, there was a narrow exception under the Direct Action Statue that states that a truck and company that uses truck to exclusively hall its own products (i.e. a truck that is not “for hire”) does not fall under the Direct Action Statue.

In my opinion, there is an even more important set of rules than Georgia’s Direct Action Statute.  Congress has passed laws governing trucking safety.  Many of these laws are found at 49 U.S.C.S. 30100.  There are additional rules regulating truck safety that fall under the Federal Motor Carrier Safety Administration and are found in the Code of Federal Regulations in a section referrer to as Federal Motor Carrier Safety Regulations.  These rules can be found here. 

There are good trucking companies and bad trucking companies. Some trucking companies seem to have a policy problem of putting profit ahead of safety. Congress has passed certain laws related to the trucking industry for the safety of the general public. Often during the course of a case, it is discovered that the trucking companies and or the driver in a particular case has violated one or several safety regulations.  There is a broad list of laws and regulations that can be violated.  Here is a list of common issues and violations that arise in tractor trailer cases: violations of hours of service regulations & rest periods by drivers, log book violations, unqualified drivers, safety inspection violations, unlicenced commercial drivers, drivers bad driving records, drug and alcohol use while operating a tractor trailer, and exhaustion while behind the wheel of an eighteen wheeler.

    It is essential in trucking cases that an injured party gets to a attorney as soon as possible. Insurance companies and trucking companies often hire highly regarded experts and private investigators to go out to the scene of the wreck as soon as it happens.  Injured parties should also employee these experts.  One such reputable company is Southeast Collision Analysis  eaded by Julian R. “Bucky” Beaver.  The point is that valuable evidence can be lost and witness statements can be taken long before an injured party has a chance to conduct an investigation.  I encourage you to consult with us or another qualified law firm, sooner rather than later, if you find yourself involved in a wreck with a large truck.