Identify All Insurance Policies That May Apply

Before any negotiation starts, the full picture of available coverage needs to be established. In a commercial truck case, that typically means identifying the trucking company’s commercial auto liability policy, any cargo insurer, the driver’s own policy if they’re an owner-operator, and any additional insured endorsements that apply when broker contracts are involved.

Federal regulations under 49 C.F.R. § 387.9 set the minimum liability insurance floors for interstate trucks: $750,000 for general freight, $1,000,000 for oil transport, and $5,000,000 for certain hazardous materials. These are federal minimums — individual trucking companies often carry higher limits. The actual available coverage in a serious injury case is often much larger than victims expect going in, which is one reason insurers are motivated to settle cases quickly before the full coverage picture is understood.

Preserve Evidence Immediately — Before It Disappears

Truck accident evidence has specific federal retention requirements, and once those periods expire, records can be legally destroyed. Electronic logging device data under 49 C.F.R. § 395.8 must be retained for six months. Driver qualification files must be kept for the duration of employment plus three years. Accident reports under 49 C.F.R. § 390.15 must be retained for one year.

A formal legal hold letter or spoliation notice sent to the trucking company can extend these obligations. Without one, critical evidence — hours-of-service records showing driver fatigue, inspection logs documenting a known brake problem, dashcam footage — can disappear within the first months after a crash.

This is one of the concrete reasons attorneys advise contacting a lawyer quickly after a serious truck accident, not just because of the statute of limitations, but because evidence preservation has its own clock.

Report the Crash to Your Own Insurer

Georgia law requires you to report accidents to your own insurance company promptly. This is true even when the truck driver is at fault and you’re pursuing the trucking company’s insurer. Failing to cooperate with your own carrier can affect your policy.

Your own insurer may also play a role in the claim. If the trucking company’s insurer denies coverage or its limits are exhausted by a catastrophic injury, Georgia’s uninsured/underinsured motorist statute under O.C.G.A. § 33-7-11 may allow you to make a claim against your own UM/UIM coverage. Georgia law requires insurers to offer UM coverage, and that coverage can serve as a backstop when the at-fault party’s insurance is insufficient.

Keep your own reporting brief and factual. Avoid detailed recorded statements until you understand your full legal options.

Be Careful About the Trucking Insurer’s First Contact

The trucking company’s insurer will typically contact you within days of the accident. Their goal at that stage is usually to gather information and, in some cases, to offer a quick settlement before the full scope of injuries is known.

Quick settlements in serious injury cases are almost always inadequate. In a crash that causes back injuries, traumatic brain injury, or injuries requiring surgery, the full cost of care — including future treatment, lost earning capacity, and pain and suffering — often isn’t clear in the first few weeks. A settlement signed before those costs are established is usually final.

You are not required to give a recorded statement to the other driver’s insurer. You are not required to accept an early offer. Georgia law gives you rights in this process; understanding them before responding to initial contact is worthwhile.

Document All Damages

A truck accident claim can include economic damages — medical bills, lost wages, future medical costs, vehicle damage — and non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life. Georgia follows a modified comparative fault rule under O.C.G.A. § 51-12-33: if you’re found partially at fault, your recovery is reduced by your percentage of fault, and you cannot recover at all if you’re 50% or more at fault.

Thorough documentation of damages serves two purposes: it establishes the baseline for what you’re owed, and it supports a demand amount that reflects the full value of the claim rather than just the immediate out-of-pocket costs.

Negotiate a Settlement or File Suit

Most truck accident claims settle before trial. The negotiation process typically begins with a demand letter presenting the facts of liability, the medical documentation, and the damages calculation. The insurer responds with an offer. Several rounds of negotiation follow.

Georgia’s Offer and Compromise procedure under O.C.G.A. § 9-11-68 allows either party to make a formal written settlement offer during litigation. If the plaintiff rejects a defense offer and then receives a verdict no more favorable than that offer, the defendant may be entitled to recover attorney fees for the period after the offer was made. This creates strategic considerations in settlement negotiations that experienced truck accident attorneys plan around.

If negotiation doesn’t produce a fair resolution, the case proceeds to litigation. Truck accident cases filed in metro Atlanta are handled in the appropriate county court depending on the damages sought and where the accident occurred — DeKalb County, Fulton County, Gwinnett County, and Clayton County State Courts all process commercial vehicle claims regularly.