Hurt by a Truck Driver Who Was Texting? Talk to a Georgia Truck Accident Lawyer

Were you hurt in a crash with a big rig, and do you think the driver was texting or using a phone? This guide explains how these cases work in Georgia. It covers what a truck driver texting accident lawyer Georgia residents rely on would review first. Yes, injured people can bring a claim when a truck driver was texting or holding a phone at the time of a crash. This page explains the rules, the proof, and the steps.

What a Truck Driver Texting or Phone Use Crash Case Involves

A phone use truck crash case is a claim for injuries or death after a crash with a commercial truck. The driver was texting, holding a phone, or otherwise using a phone when the collision happened.

Can you sue a semi truck driver for hitting you? Yes. An injured person can bring a claim against the driver. Depending on the facts, the claim may also name the trucking company.

These cases cover several kinds of people:

• Drivers and passengers hurt in the crash
• Pedestrians and motorcyclists struck by a truck
• Family members pursuing a wrongful death claim after a fatal collision

Distraction matters more with large trucks. A loaded truck needs much more distance to stop than a passenger car. A few seconds of looking at a screen can cover a long stretch of road before the driver starts to brake.

Georgia and Federal Rules on Phone Use by Truck Drivers

The federal rules below apply to truck drivers on top of those state limits.

The federal texting rule is 49 C.F.R. § 392.80. It says no driver shall engage in texting while driving. The only exception is texting needed to reach law enforcement or emergency services.

The hand-held phone rule is 49 C.F.R. § 392.82. It bars a commercial driver from using a hand-held mobile telephone while driving, except when necessary to communicate with law enforcement officials or other emergency services. It also bars the trucking company from allowing or requiring that use.

The company has its own duty too. Under 49 C.F.R. § 390.11, when a rule in part 325 of subchapter A or in this subchapter prescribes a duty for the driver or imposes a prohibition on the driver, the motor carrier must require the driver to observe it. A company that lets drivers text has a problem of its own.

A rule violation like this can be important proof. It shows what the driver was not allowed to do while on the road.

How Phone Use Gets Proven After a Truck Crash

Phone use is proven with records, not just memories. The strongest proof usually comes from phone records, truck data, and witnesses, gathered early.

• Driver’s cell phone records. Carrier records can show texts, calls, and data use with time stamps that line up with the crash.
• Electronic logging device (ELD) data. Under 49 C.F.R. § 395.26, an ELD automatically records the date, time, truck location, engine hours, vehicle miles, and driver identification. It also records an entry at least once an hour while the truck is moving. These records build a timeline. They do not, by themselves, show phone use.
• Dashcam and telematics data. Some trucks record video or vehicle data that can show what the driver was doing.
• Dispatch messages and company phone policies. Messages sent to or from the driver can show when the driver was communicating.
• Witnesses. Other drivers and bystanders may have seen the driver holding a phone.

A police crash report records the scene, the vehicles, and what people said. It may not show phone use. It is one piece of the file, not the full picture.

Evidence can disappear quickly. A preservation letter asks the trucking company to keep its records, including phone data and video. Waiting weeks or months can mean lost data.

Who Can Be Held Responsible in a Truck Crash

The driver can be held responsible for texting or phone use that caused the crash. The trucking company can also be responsible, depending on the facts.

Under O.C.G.A. § 51-2-2, a business is liable for torts committed by its servant in the prosecution and within the scope of its business. A claim against the company may rest on the driver’s conduct on the job. A claim may also look at the company’s own decisions, such as how it trained, supervised, or monitored its drivers.

Other parties may share fault. A maintenance contractor or a cargo loader may have played a role in some crashes. Fault is divided among everyone involved, and Georgia has clear rules for that.

Under O.C.G.A. § 51-12-33, the judge reduces your damages by your percentage of fault. If you are 50 percent or more responsible, you cannot recover damages. Each liable person pays only its own share. The statute says this is not joint liability.

Fault of everyone who contributed to the injury is considered.

Injuries and What a Claim Can Cover

Large-truck crashes often cause serious injuries. Common injuries include spinal injuries, traumatic brain injuries, broken bones, internal injuries, and burns. Some injuries take months or years to fully show up.

Under O.C.G.A. § 51-12-2, Georgia law provides as follows: “(a) General damages are those which the law presumes to flow from any tortious act; they may be recovered without proof of any amount. (b) Special damages are those which actually flow from a tortious act; they must be proved in order to be recovered.”

• General damages are those the law presumes flow from the wrong. They can be recovered without proof of an exact amount.
• Special damages actually flow from the wrong. They must be proved, such as medical bills and lost wages.

Medical records matter. Early treatment helps link injuries to the crash. Gaps in care can be used to question that link, so keep every appointment and record.

In a fatal crash, Georgia law lets a surviving spouse, or children if there is no spouse, recover the full value of the decedent’s life, as shown by the evidence. That is under O.C.G.A. § 51-4-2. When death of a human being results from a crime or from criminal or other negligence, the personal representative is entitled to recover funeral, medical, and other necessary expenses resulting from the injury and death, under O.C.G.A. § 51-4-5.

Time Limits and What to Expect, Step by Step

Georgia generally gives two years to file a lawsuit for injuries to a person. Under O.C.G.A. § 9-3-33, that clock starts when the right of action accrues. The statute says “except as otherwise provided,” so other deadlines can apply. Early action also protects evidence.

Here is what the process usually looks like:

1. Free, confidential consultation. You describe what happened, your injuries, and any paperwork you have. There is no obligation to continue.
2. Evidence preservation and investigation. The team sends preservation requests and reviews phone records, truck data, and scene documents.
3. Claim valuation and negotiation. The claim is valued using the damages above. A demand is made to the insurance companies.
4. Filing suit if needed. If a fair resolution is not reached, a lawsuit is filed. The timeline depends on the facts of each case.

Why Work with T. Madden & Associates, P.C.

T. Madden & Associates, P.C. is a Georgia personal injury firm led by attorney Terance Madden. The firm has been in practice since 1999. It has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta.

Our lawyers include Terance Madden and Shenia Madden. Our team also includes assistants and office staff who help move cases forward.

The firm handles truck accident, car accident, wrongful death, and catastrophic injury matters. Those practice areas overlap with truck crash cases like the ones on this page.

There is no fee unless we win. You may still be responsible for court costs and case expenses. The first consultation is free, confidential, and carries no obligation to continue. Our line is available 24/7.

Common Questions About Texting and Phone-Use Truck Crashes

This page is general information, not legal advice. Responsible lawyer: Terance Madden, T. Madden & Associates, P.C. Contact the firm through our contact page.