Three Ways We Handle Trucking Companies
How Our Georgia Law Firm Fights Back Against Powerful Trucking Corporations
While accidents involving two motorists can be challenging to deal with, those involving a commercial truck are even more so. After a regular car accident, you and the other motorist are on fairly equal footing, with one insurance company representing each driver. After a truck accident, you're not just up against a truck driver — your opponent is the trucking company, with millions of dollars and a team of high-paid attorneys on their side.
You need your own representation to even those odds. You need Gary Martin Hays & Associates on your side. We've handled hundreds of accidents involving commercial trucks, and our attorneys are adept at dealing with trucking companies. Here's why.
1. We investigate right away
Trucking companies don't waste time after an accident. They send teams to investigate the accident scene, usually within hours of the wreck. Their goal is simple: to collect the information the trucking company needs to win its case and reduce or deny your claim.
You need a law firm on your side with the resources to do the same. We'll launch our own investigation as soon as you retain our firm. Our team routinely takes pictures of accident scenes, interviews witnesses, and combs through records to find the evidence proving that the trucking company should be liable for your injuries. We won't rest until we've found the path to a successful legal case.
2. We know what to look for
Of course, that investigation would be useless if we didn't know what information we needed. Remember, we're not just trying to prove liability on the part of the truck driver; we're also looking to see whether the trucking company is responsible. By determining exactly what happened and why, we can help you win your case.
For instance, if we investigate the accident scene and notice a lack of skid marks, that may mean the trucker fell asleep at the wheel and didn't hit the brakes before impact. We'll then review the truck's log to determine whether mandatory breaks were taken and whether hours of service regulations were followed. Investigating further, we'll find out whether the trucker made an irresponsible decision — or whether the trucking company put pressure on the driver to work through those breaks to meet an unreasonable deadline.
Depending on the circumstances of your accident, we may be able to file a claim against the trucking company on the grounds of negligent hiring practices, negligent supervision, or failure to train or properly maintain the driver or the truck. We've successfully handled cases involving unrealistic delivery schedules, overloaded trucks, and more.
3. We'll handle the insurance
Truck accidents can be complicated cases in part because of the multiple insurance companies involved. It's common for the cab and trailer to have their own insurance. If other motorists were involved in your accident — which is common when a truck jackknifes or is in a rollover — they will each have their own insurance as well. Accepting a settlement from one insurer could affect the others' liability, and once you've taken an insurance company's money, there is very little an attorney can do.
Once you've retained Gary Martin Hays & Associates, we'll handle the insurance for you, allowing you to focus on your recovery. One of the first things we'll do is contact the trucking company and its insurance carriers to inform them that you have retained an attorney, and they can direct all future inquiries to us.
We'll sort out the insurance situation and review every applicable policy to ensure you receive full compensation for the wreck. Our founder, Gary Martin Hays, used to work for the insurance companies — now, he'll use the knowledge he gained early in his legal career to stand up to them and protect your rights.
Don't try to face the trucking companies alone. We're always ready to take your call. Contact us as soon as possible after the accident to get started on your case.
“I got rear-ended in June of last year, and I called the Law Offices of Gary Martin Hays & Associates b/c I was injured, and I knew that I didn't know anything about accidents and being injured in an accident. I am so happy I did. From the first day I called them, they explained the process and helped me every step of the way! Everyone was so helpful, and whatever questions that I had, they took the time to answer. I wouldn't have known what to do if it wasn't for Gary Martin Hays & Associates. I was able to pay off all my medical bills and also get a new vehicle. I would highly recommend using their services! Great service, very professional, understanding, concerned about my wellbeing, hard-working. I truly appreciate them.”
– Nakia
Aggregate Rating: 4.9/5 stars from 700 reviews
FAQs About Dealing With Trucking Companies After a Georgia Accident
- What should I do if the trucking company contacts me after the accident?
- How can I tell if the trucking company is already building a defense against my claim?
- Can I trust the trucking company’s insurance adjuster to offer a fair settlement?
- Why is it dangerous to give a recorded statement to the trucking company?
- What evidence might the trucking company try to hide or destroy after a crash?
- How soon do trucking companies send investigators to the crash scene in Georgia?
- What role does the trucking company’s maintenance history play in my injury case?
- If the truck driver says it wasn’t their fault, can the company still be held liable?
- Can I still sue the trucking company if they’re based out of state but the crash happened in Georgia?
- What if the trucking company says I was partly at fault for the accident?
- How do trucking companies use delay tactics to avoid paying accident victims?
- What documents and records should I never sign without a lawyer reviewing them?
- Why does it matter if the trucking company violated federal safety regulations?
- Can the trucking company’s insurer pressure me into settling before I understand my injuries?
- How can a truck accident lawyer help protect me from trucking company legal teams in Georgia?
What should I do if the trucking company contacts me after the accident?
If you’ve been hurt in a truck accident, it’s not unusual for the trucking company — or their insurance carrier — to reach out quickly. While they may act friendly or helpful, they are not on your side. Their goal is to gather information that can be used to minimize or deny your claim. It’s important to proceed with caution.
Here’s what you should do:
- Do Not Admit Fault: Even small apologies or statements can be twisted into admissions.
- Decline To Give A Statement: You are under no obligation to provide a recorded or written account.
- Avoid Discussing Your Injuries: They may try to lock you into statements before the full extent is known.
- Do Not Sign Anything: Paperwork could include waivers, releases, or lowball settlement offers.
- Direct Them To Your Lawyer: Let your legal team handle all communications from the outset.
Having a lawyer take over these interactions ensures your rights are protected — and prevents you from accidentally helping the other side.
How can I tell if the trucking company is already building a defense against my claim?
In most Georgia truck accident cases, the trucking company begins preparing its defense almost immediately — often before you even know how badly you’re hurt. Recognizing the signs can help you respond quickly and protect your case.
Common indicators include:
- Rapid Contact From Insurance Adjusters: They want to talk before you consult legal counsel.
- Requests For Recorded Statements: These are designed to lock you into a narrative that favors them.
- Attempts To Retrieve The Vehicle Or Debris: They may try to remove or alter evidence from the crash scene.
- Silence Or Delays: A sudden drop in communication can indicate that they’re working behind the scenes with their legal teams.
- Surveillance Or Social Media Monitoring: They may be watching for anything they can use to discredit your claim.
If you notice any of these red flags, it’s a strong sign the company is protecting itself. You should have someone protecting you, too.
Can I trust the trucking company’s insurance adjuster to offer a fair settlement?
No. The trucking company’s insurance adjuster works for them — not for you — and their job is to limit payouts. In Atlanta and across Georgia, adjusters often try to settle quickly before victims realize the long-term impact of their injuries. They may leave out compensation for future medical care, lost earning capacity, or pain and suffering. An experienced truck accident lawyer can assess whether an offer actually reflects the full cost of your recovery, or if you’re being shortchanged.
Why is it dangerous to give a recorded statement to the trucking company?
You may feel like giving a statement is harmless when you’re just telling the truth. However, recorded statements are often used by trucking companies and their insurers to scrutinize your words and shift blame. What sounds innocent to you may be used as a weapon later in the case.
Here’s why giving a recorded statement is risky:
- Statements Can Be Taken Out Of Context: A simple comment can be twisted to suggest fault or minimize injury.
- You Might Not Know The Extent Of Your Injuries Yet: Early statements can hurt your claim if your condition worsens.
- They Use Skilled Questioning: Adjusters are trained to get responses that favor the trucking company.
- You’re Not Required To Comply: Georgia law doesn’t obligate you to speak without legal counsel.
- It Locks You In: If facts change, your recorded words could be used to dispute your version of events.
Before you say anything, speak to an attorney who can shield you from these tactics and handle all communication going forward.
What evidence might the trucking company try to hide or destroy after a crash?
Trucking companies are legally required to preserve evidence after a serious crash — but that doesn’t always happen. Time is often the enemy for victims because key materials can “disappear” if action isn’t taken quickly.
Critical evidence that may be hidden or destroyed includes:
- Black Box (ELD) Data: Shows speed, braking, hours driven, and GPS location.
- Driver Logbooks: Required by law, these may be falsified or quietly discarded.
- Maintenance Records: Documents showing failure to inspect brakes or tires are often withheld.
- Vehicle Itself: Trucks may be repaired or scrapped before an inspection can occur.
- Hiring And Training Records: These can expose unqualified or improperly trained drivers.
An experienced lawyer can issue preservation letters and court orders to secure evidence before it’s lost forever.
How soon do trucking companies send investigators to the crash scene in Georgia?
In many cases, trucking companies dispatch investigators to the crash site within hours — sometimes while victims are still being transported to Grady Memorial or Piedmont Atlanta Hospital. Their priority is to gather evidence that protects the company, not to help the injured. This is common in major collisions on I-20, I-285, or the Downtown Connector. The sooner you get legal representation, the sooner your attorney can begin preserving critical evidence before it’s altered or lost.
What role does the trucking company’s maintenance history play in my injury case?
A poor maintenance record can be key evidence in proving negligence. If a truck's brakes failed on I-75 or a tire blowout caused a crash near Hartsfield-Jackson Airport, maintenance logs can show whether the company skipped inspections or ignored known issues. Under federal and Georgia law, commercial carriers are required to maintain detailed records — and failure to do so can be a liability red flag. A lawyer can obtain these records and bring in experts to show how faulty maintenance contributed to your injuries.
If the truck driver says it wasn’t their fault, can the company still be held liable?
Yes. Even if the driver blames road conditions or another vehicle, the trucking company may still be liable under Georgia law. Companies can be held responsible for poor training, negligent hiring, unsafe schedules, or pressure to meet delivery deadlines — even if the driver didn’t directly cause the crash on roads like Buford Highway or GA-400. A lawyer can uncover the company’s role in the crash and hold all responsible parties accountable.
Can I still sue the trucking company if they’re based out of state but the crash happened in Georgia?
Yes. If the crash occurred in Georgia — even if the trucking company is headquartered in another state — you have the right to file a claim here. Georgia law applies to crashes on our roads, whether they happen on rural stretches of U.S. Route 78 or congested lanes on I-85 near Gwinnett County. An attorney can file your case in the appropriate court, serve the out-of-state company legally, and pursue damages without delay.
What if the trucking company says I was partly at fault for the accident?
Georgia follows a modified comparative fault rule, meaning you can still recover damages if you’re less than 50% at fault — but your percentage of fault will reduce your compensation. Trucking companies often try to shift blame, especially in wrecks near intersections like Moreland Avenue or Memorial Drive, where fault may appear unclear. A skilled lawyer can gather evidence to push back against exaggerated or false claims and help protect your right to recover what you're owed.
How do trucking companies use delay tactics to avoid paying accident victims?
In Atlanta and across Georgia, trucking companies often rely on delay tactics to wear down victims and avoid large payouts. They know that as medical bills and lost wages pile up, you may become desperate enough to accept a low offer — or walk away entirely.
Watch for these common delay tactics:
- Claiming They Need More Time To Investigate: Even when the facts are clear.
- Ignoring Communications: Failing to respond promptly to calls, emails, or document requests.
- Offering Partial Payments: Just enough to keep you quiet while they stall your full claim.
- Blaming Other Parties: Finger-pointing between the driver, company, or contractor can prolong the process.
- Delaying Medical Authorizations: Hoping you’ll give up before treatment costs are covered.
A legal team with trucking experience knows how to push back, apply pressure, and stop the delays before they cost you your case.
What documents and records should I never sign without a lawyer reviewing them?
After a truck accident, you may be asked to sign forms that seem routine — but signing the wrong one can cost you your right to recover damages. Always remember that the trucking company and its insurer are primarily looking out for their own interests, not yours.
Documents you should never sign without legal review include:
- Medical Record Releases: These can give insurers full access to your entire medical history.
- Settlement Agreements: You may be giving up your rights permanently, even for a fraction of what you're owed.
- Liability Waivers: These can shift blame away from the trucking company entirely.
- Recorded Statement Consents: Signing may allow them to use your own words against you.
- Property Damage Releases: These may include language affecting your injury claim.
Having a lawyer review any document before you sign helps prevent serious mistakes that you may not be able to undo.
Why does it matter if the trucking company violated federal safety regulations?
Trucking companies must adhere to strict federal safety regulations established by the Federal Motor Carrier Safety Administration (FMCSA). When they violate these regulations — and a crash happens as a result — it can be strong proof of negligence in a personal injury case.
Regulations that commonly come into play include:
- Hours-Of-Service Rules: Designed to prevent fatigued driving.
- Driver Qualification Standards: Including licensing, background checks, and drug testing.
- Vehicle Maintenance Requirements: Covering brakes, tires, lights, and other critical systems.
- Cargo Securement Rules: Preventing shifting or spilled loads.
- Alcohol And Drug Testing Policies: Violations can point to deeper safety issues.
A lawyer can investigate whether federal rules were broken and use those violations to build a stronger case against the company.
Can the trucking company’s insurer pressure me into settling before I understand my injuries?
Yes, and they often try to. Insurers may rush to offer a quick settlement before full diagnostic results are in from ERs and medical facilities. This tactic is common in serious wrecks involving back, spine, or head injuries that may require ongoing treatment. Accepting an early settlement could mean waiving your right to future compensation. A lawyer can help you understand the full value of your case and ensure you’re not pressured into signing away your rights.
How can a truck accident lawyer help protect me from trucking company legal teams in Georgia?
Trucking companies don’t waste time getting their legal defense in motion — and you shouldn’t either. Their goal is to reduce or deny your claim, and they have the resources to make that happen unless you push back with experienced representation of your own.
A truck accident lawyer can help by:
- Preserving And Securing Evidence: Before it’s destroyed or altered.
- Handling All Communications: So you never have to talk to the trucking company or their insurer directly.
- Identifying All Liable Parties: Including drivers, employers, contractors, or manufacturers.
- Bringing In Experts: Accident reconstructionists, medical professionals, and industry insiders.
- Fighting For Full Compensation: In negotiations or court, if that’s what it takes.
With the right lawyer by your side, you don’t have to worry about what the trucking company is doing behind closed doors — you can focus on healing while your legal team focuses on justice.
