Truck Accidents
- 400+ Jury Trials
- Over $100 Million Recovered
- 110+ Years Combined Experience
We Take Serious
Cases To Trial
A fully loaded commercial truck can weigh 80,000 pounds. When one of those trucks collides with a passenger vehicle, the outcome is almost never minor. The injuries are catastrophic. The deaths are too common. And the companies behind these trucks have legal teams, insurance adjusters, and evidence-preservation protocols in place before the wreckage is even cleared.
McDonald & Cody has handled commercial trucking cases across Georgia for decades. Gerald Cody has focused on this area throughout his career. The firm knows how to investigate these cases, how to fight the corporate defendants behind them, and how to take them all the way to verdict when the number offered is not the number the case is worth.
Table of Contents
Why Trucking Cases Are Different From Car Accident Cases
A trucking case is not a car accident case with a bigger vehicle. It is a fundamentally different type of litigation.
Commercial trucks are governed by a separate body of federal law. The Federal Motor Carrier Safety Regulations set strict requirements for driver hours, vehicle maintenance, cargo loading, licensing, and drug and alcohol testing. When those regulations are violated, that violation is evidence of negligence. Knowing which regulations apply and how to prove a violation requires specialized knowledge that most personal injury firms do not have.
The defendants are different too. In a car accident case, the defendant is typically a private individual. In a trucking case, the defendant is often a trucking company, a freight broker, a cargo loading company, a vehicle manufacturer, or some combination of all four. Each has its own legal team and its own insurance coverage. McDonald & Cody investigates the entire chain and pursues every available defendant.
Georgia’s direct action rule allows plaintiffs to sue the trucking company’s insurer directly, in addition to the company and the driver. This matters because it puts the full weight of that insurance policy in play from the start of litigation.
What Causes Commercial Truck Accidents?
- Hours-of-service violations. Federal law limits how many consecutive hours a driver can operate a commercial truck before a mandatory rest period. When companies pressure drivers to exceed those limits, the result is fatigued driving. A fatigued truck driver behind the wheel of an 80,000-pound vehicle is a serious danger to everyone on the road.
- Improper vehicle maintenance. Trucking companies are required by law to maintain their vehicles and conduct pre-trip inspections. Brake failures, tire blowouts, and lighting defects that result from deferred maintenance are not accidents. They are the predictable result of a company choosing not to spend money on safety.
- Improperly loaded or overweight cargo. Cargo that exceeds weight limits or is not properly secured shifts a truck's center of gravity and can cause rollovers, jackknifes, and lost loads. The cargo loading company may bear liability separately from the trucking company.
- Distracted or impaired driving. Truck drivers are subject to strict drug and alcohol testing requirements. When a company fails to test or ignores a positive result, they bear responsibility for what that driver does on the road.
- Improperly Speeding and unsafe operation. Commercial truck drivers face pressure to meet delivery deadlines. That pressure leads to speeding, unsafe lane changes, and following too closely, particularly on Georgia's interstates. or overweight cargo. Cargo that exceeds weight limits or is not properly secured shifts a truck's center of gravity and can cause rollovers, jackknifes, and lost loads. The cargo loading company may bear liability separately from the trucking company.
Who Can Be Held Liable?
One of the most important things McDonald & Cody does in a trucking case is identify every party that bears responsibility. Settling for one defendant when three or four are liable leaves money on the table that the victim was owed.
The truck driver bears personal liability for negligent operation. The trucking company bears liability for the driver’s conduct under the legal doctrine of respondeat superior, and bears independent liability for negligent hiring, training, supervision, and vehicle maintenance. The freight broker who arranged the shipment may bear liability if they retained an unqualified carrier. The cargo loading company may bear liability if improper loading contributed to the crash. The vehicle or parts manufacturer may bear liability if a defect caused or contributed to the collision.
McDonald & Cody investigates all of these. They do not stop at the most obvious defendant. Every viable theory of liability is pursued until the full picture of responsibility is established.
The Evidence That Wins Trucking Cases
- Electronic logging device data. Federal law requires most commercial trucks to use electronic logging devices that record driving hours, rest periods, speed, and location. This data can prove hours-of-service violations and establish exactly what the driver was doing before the crash.
- Event data recorder. Most commercial trucks are equipped with event data recorders that capture speed, braking, steering inputs, and engine performance in the seconds leading up to a collision. This data is stored on the truck and must be preserved before it is overwritten.
- GPS and dispatch records. GPS tracking shows the truck's route, speed, and stops. Dispatch records show what instructions the driver received, what deadlines they were under, and whether the company knew or should have known the driver was fatigued or running late.
- Driver logs and qualification files. Paper and electronic logs show whether the driver was in compliance with hours-of-service rules. The driver's qualification file shows their training history, prior violations, drug test results, and medical certifications.
- Maintenance and inspection records. Federal regulations require pre-trip inspections and regular maintenance. Records that show deferred maintenance or skipped inspections are direct evidence that the company prioritized cost over safety.
- In-cab camera footage. Many commercial trucks are equipped with forward-facing and driver-facing cameras. This footage can show driver behavior, road conditions, and the collision itself.
What to Watch Out For
- The trucking company's rapid response team. Major carriers maintain accident response teams that arrive at the scene quickly to begin collecting evidence in their favor. Do not speak to them. Do not allow them to inspect your vehicle. Contact an attorney immediately.
- Early settlement offers. A fast offer from the trucking company's insurer is a signal that they know the case is worth more and want to close it before you understand what you have. Do not sign anything before speaking with an attorney.
- Evidence destruction. Electronic logging data, GPS records, and camera footage have short retention windows and can be overwritten or deleted. Your attorney must act within days to preserve this evidence.
- Recorded statements. The company's insurer will want a recorded statement from you as soon as possible. Do not give one before consulting an attorney. What you say will be used to minimize your claim.
- Georgia's statute of limitations for personal injury is generally two years from the date of the collision. In trucking cases involving corporate defendants, investigation must begin well before that deadline. Do not wait.
Why Choose McDonald & Cody
- Gerald Cody has focused on commercial trucking cases throughout his career spanning more than four decades. The firm has the depth of experience these cases require.
- McDonald & Cody has recovered $4 million in a commercial truck wreck case, $2.8 million in a tractor-trailer wrongful death, $2.2 million in a tractor-trailer case, and multiple additional tractor-trailer recoveries. These cases are not new for this firm.
- The firm has the financial resources to take a trucking case against a major carrier to verdict. We pay every litigation expense except medical bills. No loans. No advances against fees.
- McDonald & Cody issues immediate preservation demands on electronic data, moves for emergency court orders when necessary, and retains the right experts from the start of every case.
- Attorneys outnumber staff. You speak directly to your lawyer throughout your case, not a case manager or call center.
- Most cases conclude in approximately 18 months.
What Separates McDonald & Cody From Other Georgia Firms
Trucking companies have seen every move a plaintiff’s lawyer can make. They know which firms will accept a settlement before the full scope of liability is established. They know which firms do not have the resources to litigate through expert witnesses, depositions of corporate safety officers, and federal regulatory hearings.
McDonald & Cody is not one of those firms. They have the resources, the regulatory knowledge, and the trial experience to take a trucking case all the way to verdict against a national carrier. They pursue every defendant in the liability chain. They do not settle cheap because litigation is expensive. They settle when the number reflects the full value of the case, and they go to trial when it does not.
Our Notable Case Results
$33 Million
non-confidential settlement
$17.2 Million
VERDICT (2025)
$14.5 Million
Confidential Settlement
$13.1 Million
Confidential Settlement
Call Us to Discuss Your Case
We review every inquiry at no charge. If we can help, we will tell you. If we cannot, we will say so.
You pay nothing unless we win. We pay every litigation expense except medical bills.
North Office: 838 U.S. Hwy 441 Business, Cornelia, GA 30531 | 706-778-7178
South Office: 4005 Hwy 365 South, Alto, GA 30510 | 706-778-5291
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