Hit by a tractor-trailer that ran a red light
Start a free AI-assisted chat and connect with an experienced Georgia attorney, with no obligation.
Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed April 26, 2023
Legal Inquiry
Consumer Legal Issue
I was stopped at a red light. When it turned green I began to move, and a tractor-trailer that had failed to stop for its own light struck my driver's door.
Attorney Answer
Entering on green against a vehicle that ran its light puts you in a strong position — but the truck's records start disappearing immediately.
A driver who enters on green against a vehicle that ran its light is in a strong position on fault. That the other vehicle is a tractor-trailer changes what the claim involves rather than who was responsible.
The evidence disappears quickly, and that is the urgent part. A commercial vehicle usually generates records a passenger car does not: engine control module data, electronic logging records of the driver's hours, dispatch and maintenance files, and often forward-facing camera footage. Carriers are not obliged to keep all of it indefinitely, and some is overwritten within days. A letter asking the carrier and its insurer to preserve that material, sent early, is the single most useful step after a truck collision.
A side impact at the driver's door also tends to produce injuries that present later than the day of the crash. Being examined promptly matters medically, and also because a gap between the collision and the first medical record is the thing insurers argue about most.
What you can do
1. Send a written request to the carrier and its insurer to preserve the vehicle data, driver logs, dispatch records and any camera footage. 2. Get the crash report and the carrier's USDOT number from it. 3. Be examined promptly, even if the pain seems manageable. 4. Photograph the damage to your vehicle before it is repaired or moved. 5. Speak to a Georgia attorney early — the preservation step is time-sensitive.
⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.
A Georgia attorney can tell you quickly how the facts here line up, and most will look at a collision like this at no cost.
*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.
By using this service you agree to our Terms of Use and our Privacy Policy.
Courts & Legal Aid in Georgia
- File or look up a case through the Georgia Courts.
- Get free civil legal help from GeorgiaLegalAid.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
What evidence is unique to a collision with a commercial truck?
Commercial vehicles commonly generate engine control module data, electronic logging records of driver hours, dispatch and maintenance records, and camera footage. Some of it is overwritten within days unless preservation is requested.
Why does a preservation letter matter after a truck collision?
Because a carrier is not required to keep every record indefinitely. A written request that the carrier and its insurer preserve vehicle data, logs and footage is what stops routine deletion while a claim is assessed.
How long does a Georgia injury claim have to be brought?
Two years under O.C.G.A. § 9-3-33, which requires actions for injuries to the person to be brought within two years after the right of action accrues.