Trucking Accidents in Georgia: What Victims Need to Know About Settlements

By Kevin Patrick|June 25, 2025|Uncategorized

Trucking Accidents in Georgia: An In‑Depth Guide & Proven Settlement Strategy

📌 Overview: The Scope of the Problem

Trucking collisions in Georgia are often catastrophic. According to the FMCSA, around 4,761 people died nationwide and nearly 148,000 were injured in large-truck crashes in the latest reporting period In Georgia alone, heavy tractor-trailers carry loads often up to 80,000 pounds—far heavier than passenger cars—leading to devastating outcomes in crashes.

Why Truck Accidents Are More Complex Than Car Crashes

  • Multiple parties involved: Alongside driver negligence, liability can involve trucking companies, cargo loaders, mechanics, insurers, brokers, and regulators.

  • Regulatory layers: Federal rules from the FMCSA (driver hours, maintenance) combine with Georgia state law (OCGA), making proof of liability more complex.

  • Higher stakes: Victims often endure critical injuries—spinal damage, brain trauma, wrongful death—leading to large settlements or jury awards.


Common Causes of Trucking Accidents in Georgia

  1. Driver fatigue and violations of hours-of-service limits.

  2. Maintenance failures, including brake and tire issues.

  3. Cargo shift, spill, or falling debris creating hazards.

  4. Speeding & loss of control, especially in curves and narrow lanes .


Georgia Law & Liability Framework

Federal Rules + OCGA

Truck accident cases in Georgia hinge on federal FMCSA safety standards and Georgia’s tort law. Examining Electronic Control Module (ECM) or Event Data Recorder (EDR) data is critical to proving fault ECM provides information such as speed, braking, and driver hours—which can make or break your case.

Punitive Damages & Caps

Georgia allows punitive damages if the conduct was egregious—but normally caps them at $250,000, unless there’s criminal conduct involved.

Direct Actions Against Insurers

Senate Bill 426 (February 2024) would restrict plaintiffs from directly suing insurers unless the trucking company is bankrupt or cannot be located. This shift underscores the importance of identifying and naming all potentially liable parties early.


Settlement Strategy: The Kevin Patrick Law Approach

1. Prompt Medical & Police Action

Victims must seek immediate medical attention—both for health and to strengthen the claim . Always call the police and obtain an official report documenting crash details.

2. Investigate & Preserve Evidence

  • Preserve ECM/EDR data from the truck, often seized or overwritten. Retaining this early is crucial .

  • Gather scene photos, gather witness info, and secure surveillance footage from nearby businesses or traffic cameras.

3. Identify All Liable Parties

Liability can extend beyond the driver:

  • Trucking company (for hiring, training, maintenance failures)

  • Cargo loaders (for improperly secured loads)

  • Vehicle manufacturers/mechanics (for equipment faults)

Building a multi-party case increases settlement leverage.

4. Demand Comprehensive Discovery

  • Seek driver logs, maintenance, inspection, and drug/alcohol testing records through legal discovery.

  • Identify any violations of FMCSA safety regulations or Georgia Commercial Trucking laws to support negligence per se claims.

5. Build a Strong Valuation of Damages

Kevin Patrick Law focuses on fully quantifying:

  • Economic damages: medical bills, rehab, lost wages, vehicle damage

  • Non-economic damages: pain, suffering, emotional distress, loss of life enjoyment

  • Punitive damages: if recklessness or intentional wrongdoing is proven.

We’ve achieved a judgment of  $68 million in a quadriplegia case and multiple multi-million-dollar settlements in commercial vehicle cases.

6. Negotiate from a Position of Strength

A proactive legal posture—presenting early demand with strong evidence, ECM data, witness testimony—enhances settlement leverage. Kevin Patrick, a former insurance defense lawyer, knows how insurers build their strategy and counters with robust claims.

7. File a Lawsuit, if Necessary

When demands are ignored, the firm files swiftly and proceeds to discovery and trial prep. Many strong cases settle during early litigation, but Kevin Patrick Law is prepared to act as a formidable courtroom advocate if negotiations fall short .


Why Choose Kevin Patrick Law for Trucking Claims?

  • AV‑Preeminent-rated Georgia personal injury trial lawyer.

  • Over $90 million recovered in verdicts and settlements, with significant wins in commercial vehicle cases.

  • Personalized attention: clients work directly with Kevin Patrick from start to finish.

  • Contingency fee arrangement: no fees unless you win.


🔍 Key Takeaways

Step Strategy
1. Act quickly Medical treatment, police report, preserve proof
2. Secure ECM data Essential evidence from the truck’s EDR
3. Investigate all parties Drivers, companies, cargo loaders, manufacturers
4. Quantify damages fully Medical, lost wages, pain, and punitive
5. Negotiate or litigate File suit early if needed; more cases settle during litigation

Stay Ahead of Legal Changes

Be aware of Senate Bill 426, aimed at limiting direct suits against insurers in Georgia. This emphasizes the necessity of naming the trucking company or driver in filings.


Final Word

When a trucking accident dramatically alters your life, a game‑changing settlement depends on early action, powerful evidence (like ECM data), skilled legal investigation, and a seasoned trial lawyer. Kevin Patrick Law embodies this multi‑step process—leveraging their experience to maximize compensation, from economic losses to punitive damages.


đź’Ľ Contact Kevin Patrick Law

For anyone injured in a Georgia trucking accident, a free consultation is available. Call (404) 566‑5880 or visit Kevin Patrick Law to learn how they can help recover compensation and justice.

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