24/7 LIVE STAFF — Compassionate help, any time day or night
CALL NOW 1-888-ATTY-911
Blog | DeKalb County

DeKalb County 18-Wheeler Accident Attorneys: Attorney911 Delivers 25+ Years of Federal Courtroom Experience Led by Ralph Manginello with $50+ Million Recovered Including $2.5+ Million Truck Crash Verdicts and $5+ Million Logging Brain Injury Settlements, Featuring Former Insurance Defense Attorney Lupe Peña Who Knows Every Carrier Tactic From Inside the Industry, FMCSA 49 CFR Parts 390-399 Regulation Masters Who Hunt Hours of Service Violations and Extract Black Box ELD Data Within 48 Hours, Complete Coverage of Jackknife Rollover Underride Wide Turn Blind Spot Tire Blowout Brake Failure Cargo Spill and Fatigued Driver Crashes on I-20 I-285 I-675 and All DeKalb County Corridors, Catastrophic Injury Specialists for Traumatic Brain Injury Spinal Cord Paralysis Amputation Severe Burns and Wrongful Death with Trial Lawyers Achievement Association Million Dollar Membership and 4.9 Star Google Rating from 251 Reviews, Free 24/7 Consultation No Fee Unless We Win We Advance All Costs Hablamos Español Call 1-888-ATTY-911

February 21, 2026 45 min read
dekalb-county-featured-image.png

18-Wheeler & Trucking Accident Attorneys in DeKalb County, Georgia

When 80,000 Pounds Changes Everything: Your Fight Starts Here

The impact was catastrophic. One moment you’re driving through DeKalb County on I-285, I-20, or I-75—corridors that carry thousands of commercial trucks daily between Atlanta and the rest of the Southeast. The next moment, an 80,000-pound 18-wheeler has jackknifed, rolled over, or slammed into your vehicle. Your life changes in an instant.

Every 16 minutes, someone in America is injured in a commercial truck crash. In DeKalb County, Georgia, the risk is even higher. Our county sits at the crossroads of major interstate freight corridors serving the Port of Savannah, Hartsfield-Jackson Atlanta International Airport, and the massive distribution networks that make Georgia the logistics capital of the Southeast. When trucking companies cut corners on safety, DeKalb County families pay the price.

At Attorney911, we’ve spent over 25 years fighting for trucking accident victims. Ralph Manginello, our managing partner, has secured multi-million dollar verdicts against the largest trucking companies in America. Our firm includes Lupe Peña, a former insurance defense attorney who spent years inside the system—now he uses that insider knowledge to fight FOR you, not against you. We know how trucking companies operate, how they hide evidence, and how to make them pay.

If you’ve been hurt in an 18-wheeler accident in DeKalb County, you need more than a lawyer—you need a fighter. Call 1-888-ATTY-911 now. We answer 24/7, and your consultation is free.

Why DeKalb County 18-Wheeler Accidents Are Different

The Geography of Risk

DeKalb County, Georgia isn’t just any county—it’s a critical node in America’s freight transportation network. Understanding our local trucking landscape explains why accidents here are so devastating and why you need attorneys who know these roads.

Major Trucking Corridors Serving DeKalb County:

Interstate Route Truck Traffic Volume Risk Factors
I-285 Atlanta Perimeter 25,000+ trucks daily Congestion, weaving traffic, limited truck parking
I-20 Birmingham to Augusta 15,000+ trucks daily Heavy freight to/from Port of Savannah
I-75 Florida to Tennessee 20,000+ trucks daily Major north-south freight corridor
I-85 Montgomery to Greenville 12,000+ trucks daily Manufacturing freight, tight curves
US-78 Stone Mountain corridor 8,000+ trucks daily Local delivery, school zones, congestion

Critical Distribution Hubs Near DeKalb County:

  • Hartsfield-Jackson Atlanta International Airport – World’s busiest airport by passenger traffic, massive cargo operations
  • Port of Savannah – #4 US container port, fastest-growing major port, 40% of cargo moves through Georgia by truck
  • Atlanta Intermodal Hub – One of North America’s largest rail-truck transfer facilities
  • Amazon Fulfillment Centers – Multiple facilities in metro Atlanta creating constant truck traffic
  • Kroger Distribution Center – Major grocery distribution serving Southeast

Why This Geography Creates Danger:

The combination of massive freight volume, tight urban corridors, and time-sensitive delivery schedules creates perfect conditions for trucking accidents. Drivers face:

  • Pressure to meet delivery windows on congested I-285 and I-75
  • Limited truck parking forcing drivers to rest in unsafe locations
  • Complex interchanges like Spaghetti Junction (I-85/I-285) with heavy truck weaving
  • Last-mile delivery hazards in dense DeKalb County neighborhoods
  • Weather challenges including sudden Georgia thunderstorms and occasional ice storms

When trucking companies push drivers to meet impossible schedules on these dangerous corridors, accidents happen. And when they do, you need attorneys who understand this local context.

The 15 Types of 18-Wheeler Accidents We Handle in DeKalb County

Every trucking accident is different, but certain patterns emerge based on local geography, industry, and driver behavior. In DeKalb County, we see these accident types most frequently:

1. Jackknife Accidents

What Happens: The trailer swings out perpendicular to the cab, often blocking multiple lanes of I-285 or I-20.

Why It Happens in DeKalb County: Sudden braking on congested interstates, wet roads from sudden thunderstorms, improperly loaded cargo from Port of Savannah freight.

The Physics: An 80,000-pound truck traveling at 65 mph carries approximately 80 times the kinetic energy of a passenger car. When that energy becomes uncontrolled in a jackknife, everything in its path is destroyed.

FMCSA Violations We Prove:

  • 49 CFR § 393.48 – Brake system malfunction
  • 49 CFR § 393.100 – Improper cargo securement
  • 49 CFR § 392.6 – Speeding for conditions

Common Injuries: Multi-vehicle pileup injuries, TBI from secondary impacts, spinal cord injuries from crushing forces, wrongful death.

2. Rollover Accidents

What Happens: The truck tips onto its side or roof, often spilling cargo across DeKalb County highways.

Why It Happens in DeKalb County: Speeding on I-285 curves, top-heavy loads from Atlanta distribution centers, driver fatigue from long-haul routes ending in metro Atlanta.

The Danger: Rollovers frequently lead to secondary crashes from debris and fuel spills. On busy DeKalb County interstates, a single rollover can trigger multi-vehicle pileups.

FMCSA Violations We Prove:

  • 49 CFR § 393.100-136 – Cargo securement violations
  • 49 CFR § 392.6 – Exceeding safe speed
  • 49 CFR § 392.3 – Operating while fatigued

Common Injuries: Crushing injuries, burns from fuel fires, TBI, spinal cord damage, amputations, wrongful death.

3. Underride Collisions (Rear and Side)

What Happens: A smaller vehicle slides underneath the trailer, shearing off the passenger compartment at windshield level.

Why It’s Especially Deadly in DeKalb County: Heavy traffic on I-285 and I-20 means sudden stops are common. When trucks stop abruptly and passenger vehicles follow too closely, underride becomes catastrophic.

The Horror: Underride collisions are among the most fatal types of 18-wheeler accidents. Approximately 400-500 underride deaths occur annually in the United States. The trailer height often causes decapitation or severe head and neck trauma.

FMCSA/NHTSA Requirements:

  • 49 CFR § 393.86 – Rear impact guards required on trailers manufactured after January 26, 1998
  • Guards must prevent underride at 30 mph impact
  • NO FEDERAL REQUIREMENT for side underride guards (advocacy ongoing)

Common Injuries: Decapitation, severe head and neck trauma, death of all vehicle occupants, traumatic brain injury, spinal cord severance.

4. Rear-End Collisions

What Happens: An 18-wheeler strikes the back of another vehicle, or a vehicle strikes the back of a truck.

Why It Happens in DeKalb County: Following too closely on congested I-285, driver distraction from dispatch communications, fatigue from long-haul routes ending in Atlanta metro.

The Physics: An 18-wheeler at 65 mph needs approximately 525 feet to stop—nearly two football fields. That’s 40% longer than a passenger car needs. When traffic suddenly slows on DeKalb County interstates, trucks often can’t stop in time.

FMCSA Violations We Prove:

  • 49 CFR § 392.11 – Following too closely
  • 49 CFR § 392.3 – Operating while fatigued
  • 49 CFR § 392.82 – Mobile phone use
  • 49 CFR § 393.48 – Brake system deficiencies

Common Injuries: Whiplash, spinal cord injuries, TBI from high-speed impact, internal organ damage, crushing injuries, wrongful death.

5. Wide Turn Accidents (“Squeeze Play”)

What Happens: A truck swings wide before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing the vehicle.

Why It Happens in DeKalb County: Tight urban intersections in Decatur, Stone Mountain, and other DeKalb County cities force trucks to make wide turns. Passenger vehicles often don’t understand truck turning radius and enter the dangerous gap.

The Danger: These accidents often occur at low speeds but cause devastating crushing injuries because the truck’s trailer pins the smaller vehicle against curbs, signs, or buildings.

FMCSA Violations We Prove:

  • 49 CFR § 392.11 – Unsafe lane changes
  • 49 CFR § 392.2 – Failure to obey traffic signals
  • State traffic law violations for improper turns

Common Injuries: Crushing injuries, amputations, TBI, spinal injuries, wrongful death.

6. Blind Spot Accidents (“No-Zone” Collisions)

What Happens: A truck changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots.

Why It Happens in DeKalb County: Heavy traffic on I-285 and I-20 requires constant lane changes. Driver distraction from in-cab electronics, fatigue affecting mirror-checking habits.

The Four No-Zones:

  1. Front No-Zone: 20 feet directly in front—driver cannot see low vehicles
  2. Rear No-Zone: 30 feet behind—no rear-view mirror visibility
  3. Left Side No-Zone: Extends from cab door backward—smaller than right
  4. Right Side No-Zone: Extends from cab door backward, much larger—MOST DANGEROUS

FMCSA Requirements:

  • 49 CFR § 393.80 – Mirrors must provide clear view to rear on both sides
  • Proper mirror adjustment is part of driver pre-trip inspection

Common Injuries: Sideswipe injuries, rollover of passenger vehicle, crushing injuries, ejection, TBI, spinal injuries.

7. Tire Blowout Accidents

What Happens: One or more tires on an 18-wheeler suddenly fail, causing loss of control. Debris strikes other vehicles.

Why It Happens in DeKalb County: Extreme summer heat on Georgia asphalt, heavy loads from Port of Savannah freight, deferred maintenance by cost-cutting carriers.

The Danger: Steer tire (front) blowouts are especially dangerous—can cause immediate loss of control. “Road gators” (tire debris) cause thousands of accidents annually.

FMCSA Requirements:

  • 49 CFR § 393.75 – Tire requirements (tread depth, condition)
  • 49 CFR § 396.13 – Pre-trip inspection must include tire check
  • Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions

Common Injuries: Jackknife or rollover injuries, debris strikes causing windshield impacts, loss of control, TBI, facial trauma, wrongful death.

8. Brake Failure Accidents

What Happens: The braking system fails or underperforms, preventing the driver from stopping in time.

Why It Happens in DeKalb County: Heavy traffic on I-285 requires constant braking, mountain descents from north Georgia routes cause brake fade, deferred maintenance to save costs.

The Statistics: Brake problems are a factor in approximately 29% of large truck crashes. Brake system violations are among the most common FMCSA out-of-service violations.

FMCSA Requirements:

  • 49 CFR § 393.40-55 – Brake system requirements
  • 49 CFR § 396.3 – Systematic inspection and maintenance
  • 49 CFR § 396.11 – Driver post-trip report of brake condition

Common Injuries: Severe rear-end collision injuries, multi-vehicle pileups, TBI from high-speed impact, spinal cord injuries, wrongful death, crushing injuries.

9. Cargo Spill/Shift Accidents

What Happens: Improperly secured cargo falls from the truck, shifts during transport causing instability, or spills onto the roadway.

Why It Happens in DeKalb County: High freight volume from Port of Savannah and Atlanta distribution centers, pressure to load quickly, inadequate training on securement requirements.

The Danger: Shifted cargo causes rollover accidents when center of gravity changes. Spilled cargo on highways causes secondary accidents. Hazmat spills create additional dangers.

FMCSA Requirements:

  • 49 CFR § 393.100-136 – Complete cargo securement standards
  • Working load limits for tiedowns specified
  • Specific requirements by cargo type (logs, metal coils, machinery, etc.)

Common Injuries: Vehicles struck by falling cargo, chain-reaction accidents from spilled loads, hazmat exposure injuries, rollover injuries when cargo shifts.

10. Head-On Collisions

What Happens: An 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.

Why It Happens in DeKalb County: Driver fatigue on long-haul routes ending in Atlanta metro, distraction from dispatch communications, impairment, medical emergencies.

The Danger: Head-on collisions are among the deadliest accident types. Even at moderate combined speeds, the force is often fatal.

FMCSA Violations Often Present:

  • 49 CFR § 395 – Hours of service violations
  • 49 CFR § 392.3 – Operating while fatigued
  • 49 CFR § 392.4/5 – Drug or alcohol violations
  • 49 CFR § 392.82 – Mobile phone use

Common Injuries: Catastrophic injuries or death are common. TBI, spinal cord injuries, internal organ damage, amputations, crushing injuries, wrongful death.

11. T-Bone/Intersection Accidents

What Happens: A truck fails to yield or runs a red light, striking a vehicle broadside in an intersection.

Why It Happens in DeKalb County: Dense urban intersections in Decatur, Stone Mountain, and Tucker; tight delivery schedules forcing risky maneuvers; obstructed sightlines at complex interchanges.

Common Injuries: Catastrophic injuries to driver’s side impacts, TBI, spinal cord injuries, internal organ damage, wrongful death.

12. Sideswipe Accidents

What Happens: A truck changes lanes into an occupied space, striking a vehicle on the side.

Why It Happens in DeKalb County: Heavy traffic on I-285 requiring constant lane changes; driver distraction; failure to check blind spots.

Common Injuries: Sideswipe injuries causing vehicle loss of control, rollover of passenger vehicle, TBI, spinal injuries.

13. Override Accidents

What Happens: A truck drives over a smaller vehicle in front, often when the truck fails to stop in time.

Why It Happens in DeKalb County: Sudden traffic slowdowns on congested I-285; brake failure; driver distraction; following too closely.

Common Injuries: Crushing injuries, TBI, spinal cord injuries, wrongful death.

14. Lost Wheel/Detached Trailer Accidents

What Happens: A wheel or trailer separates during operation, often striking oncoming vehicles.

Why It Happens in DeKalb County: Deferred maintenance on high-mileage trucks; improper hitching; equipment failure on rough road surfaces.

Common Injuries: Fatal strikes to oncoming vehicles, multi-vehicle pileups, catastrophic injuries.

15. Runaway Truck Accidents

What Happens: Brake fade on long descents causes loss of control; driver fails to use runaway ramps.

Why It Happens in DeKalb County: While less common in flat DeKalb County, trucks arriving from north Georgia mountains may have compromised brakes; driver inexperience with mountain driving before reaching Atlanta metro.

Common Injuries: High-speed collisions, multi-vehicle pileups, catastrophic injuries, wrongful death.

FMCSA Regulations: The Rules Trucking Companies Break

The Federal Motor Carrier Safety Administration (FMCSA) regulates every commercial truck on American highways. When trucking companies and drivers violate these rules, they create the dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to winning your case.

The Six Critical Regulation Areas

Part Title What It Covers Common Violations
49 CFR Part 390 General Applicability Who must comply, definitions Operating without authority, unregistered vehicles
49 CFR Part 391 Driver Qualification Who can drive, medical requirements, training Unqualified drivers, expired medical certificates, negligent hiring
49 CFR Part 392 Driving Rules Safe operation, fatigue, drugs, alcohol Speeding, distracted driving, HOS violations, impairment
49 CFR Part 393 Vehicle Safety Equipment, cargo securement, brakes, lights Brake failures, tire blowouts, cargo spills, lighting violations
49 CFR Part 395 Hours of Service How long drivers can drive, required rest Fatigue, driving beyond 11-hour limit, false logs
49 CFR Part 396 Inspection & Maintenance Vehicle upkeep, inspections, records Deferred maintenance, failed inspections, no pre-trip checks

Hours of Service Violations: The #1 Cause of Fatigue Accidents

Property-carrying drivers (most 18-wheelers) must follow these rules:

Rule Requirement Violation Consequence
11-Hour Driving Limit Cannot drive more than 11 hours after 10 consecutive hours off duty Fatigue-related accidents, delayed reaction time
14-Hour Duty Window Cannot drive beyond 14th consecutive hour after coming on duty Driver exhaustion, impaired judgment
30-Minute Break Must take 30-minute break after 8 cumulative hours of driving Continued fatigue, microsleeps
60/70-Hour Weekly Limit Cannot drive after 60 hours in 7 days or 70 hours in 8 days Cumulative fatigue, chronic exhaustion
34-Hour Restart Can restart 60/70-hour clock with 34 consecutive hours off Inadequate recovery, residual fatigue
10-Hour Off-Duty Must have minimum 10 consecutive hours off duty before driving Insufficient rest, sleep deprivation

Electronic Logging Devices (ELDs): Since December 18, 2017, most CMV drivers must use ELDs that automatically record driving time and synchronize with the vehicle engine. This data is CRITICAL evidence in your case—it proves exactly when the driver was on duty, whether they took required breaks, and if they violated hours-of-service regulations.

Cargo Securement Failures: When Freight Becomes a Weapon

Federal cargo securement rules (49 CFR § 393.100-136) require that cargo be contained, immobilized, or secured to prevent:

  • Leaking, spilling, blowing, or falling from the vehicle
  • Shifting that affects vehicle stability or maneuverability
  • Blocking the driver’s view or interfering with operation

Performance Criteria: Cargo securement systems must withstand:

  • Forward: 0.8 g deceleration (sudden stop)
  • Rearward: 0.5 g acceleration
  • Lateral: 0.5 g (side-to-side)
  • Downward: At least 20% of cargo weight if not fully contained

When trucking companies fail to properly secure cargo—especially the high-volume freight moving through DeKalb County from the Port of Savannah and Atlanta distribution centers—rollover accidents, cargo spills, and multi-vehicle crashes result.

The 10 Parties Who May Owe You Compensation

Most law firms only sue the driver and trucking company. We investigate EVERY potentially liable party—because more defendants means more insurance coverage means higher compensation for you.

1. The Truck Driver

The driver who caused your accident may be personally liable for negligent conduct including speeding, distracted driving, fatigue, impairment, or traffic violations. We pursue their driving records, ELD data, cell phone records, and drug/alcohol test results.

2. The Trucking Company / Motor Carrier

This is often your primary recovery target. Trucking companies carry $750,000 to $5 million in insurance—far more than individual drivers. They’re liable through:

  • Vicarious liability (respondeat superior): The driver was their employee acting within the scope of employment
  • Negligent hiring: They failed to check the driver’s background or hired someone with a poor safety record
  • Negligent training: Inadequate safety training on hours of service, cargo securement, or emergency procedures
  • Negligent supervision: Failed to monitor driver performance and ELD compliance
  • Negligent maintenance: Deferred vehicle repairs to save money
  • Negligent scheduling: Pressured drivers to violate hours-of-service regulations

3. Cargo Owner / Shipper

The company that owned the cargo and arranged shipment may be liable for:

  • Providing improper loading instructions
  • Failing to disclose hazardous nature of cargo
  • Requiring overweight loading
  • Pressuring carrier to expedite beyond safe limits

4. Cargo Loading Company

Third-party loaders who physically loaded cargo may be liable for:

  • Improper cargo securement (49 CFR 393 violations)
  • Unbalanced load distribution
  • Exceeding vehicle weight ratings
  • Failure to use proper blocking, bracing, or tiedowns

5. Truck and Trailer Manufacturer

The manufacturer may be liable for design defects, manufacturing defects, or failure to warn of known dangers in:

  • Brake systems
  • Stability control systems
  • Fuel tank placement
  • Safety systems (ABS, ESC, collision warning)

6. Parts Manufacturer

Companies that manufactured specific failed components may be liable for:

  • Defective brakes or brake components
  • Defective tires causing blowouts
  • Defective steering mechanisms
  • Defective lighting components

7. Maintenance Company

Third-party maintenance providers may be liable for:

  • Negligent repairs that failed to fix problems
  • Failure to identify critical safety issues
  • Improper brake adjustments
  • Using substandard or wrong parts
  • Returning vehicles to service with known defects

8. Freight Broker

Brokers who arranged transportation may be liable for:

  • Negligent selection of carrier with poor safety record
  • Failure to verify carrier insurance and authority
  • Failure to check carrier CSA scores
  • Selecting cheapest carrier despite safety concerns

9. Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may be liable for:

  • Negligent entrustment of vehicle
  • Failure to maintain owned equipment
  • Knowledge of driver’s unfitness

10. Government Entity

Federal, state, or local government may be liable for:

  • Dangerous road design
  • Failure to maintain roads
  • Inadequate signage for known hazards
  • Improper work zone setup

Special Considerations: Sovereign immunity limits government liability, and strict notice requirements apply. In Georgia, you must file ante-litem notice within 12 months for state claims, and shorter deadlines may apply to local governments.

Georgia Law: What DeKalb County Trucking Accident Victims Need to Know

Statute of Limitations: The Clock Is Ticking

In Georgia, you have TWO YEARS from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the two years runs from the date of death.

Critical Georgia Deadlines:

Claim Type Deadline Notes
Personal Injury 2 years from accident No exceptions for discovery of injuries
Wrongful Death 2 years from death Separate from any criminal case
Property Damage 4 years from accident Longer than personal injury
Government Claims 12 months (ante-litem notice) Must notify state before suing
Uninsured Motorist 2 years (or as policy requires) Check your policy language

Why You Should Never Wait: Evidence disappears fast. Black box data can be overwritten in 30 days. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company is building their defense right now. Call us immediately at 1-888-ATTY-911.

Comparative Negligence: Georgia’s 50% Bar Rule

Georgia follows modified comparative negligence with a 50% bar. This means:

  • If you are less than 50% at fault, you can recover damages reduced by your percentage of fault
  • If you are 50% or more at fault, you recover nothing

Example: If your damages are $500,000 and you are found 20% at fault, you recover $400,000 (80% of total damages). If you are found 50% at fault, you recover $0.

Why This Matters: Trucking companies and their insurers will try to blame YOU for the accident. We fight back with evidence—ECM data, ELD logs, witness statements, and accident reconstruction—to prove the truck driver and company were at fault.

Georgia’s $250,000 Cap on Punitive Damages

Georgia law caps punitive damages at $250,000 in most personal injury cases, with important exceptions:

  • No cap if the defendant acted with specific intent to cause harm
  • No cap in product liability cases
  • No cap if the defendant was under the influence of alcohol or drugs

What This Means for Your Case: Punitive damages punish trucking companies for gross negligence—like knowingly hiring dangerous drivers, falsifying log books, or ignoring maintenance problems. While Georgia’s cap limits punishment, we pursue every available dollar to hold these companies accountable.

The 48-Hour Evidence Preservation Protocol: Why Immediate Action Saves Cases

In 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.

Critical Evidence Timelines

Evidence Type Destruction Risk What We Do
ECM/Black Box Data Overwrites in 30 days or with new driving events Send spoliation letter within 24 hours; demand immediate download
ELD Data May be retained only 6 months Subpoena records; preserve GPS and hours-of-service data
Dashcam Footage Often deleted within 7-14 days Demand preservation of all camera recordings
Surveillance Video Business cameras typically overwrite in 7-30 days Canvass area; send preservation demands to nearby businesses
Witness Memory Fades significantly within weeks Interview witnesses immediately; obtain sworn statements
Physical Evidence Vehicle may be repaired, sold, or scrapped Photograph everything; demand vehicle preservation
Drug/Alcohol Tests Must be conducted within specific windows Demand immediate testing; preserve chain of custody

The Spoliation Letter: Your Legal Shield

A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.

Why It Matters:

  • Puts defendants on legal notice of their preservation obligation
  • Creates serious consequences if evidence is destroyed
  • Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
  • The sooner sent, the more weight it carries

When We Send It: IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.

What Our Spoliation Letter Demands

Electronic Data:

  • Engine Control Module (ECM) / Electronic Control Unit (ECU) data
  • Event Data Recorder (EDR) data
  • Electronic Logging Device (ELD) records
  • GPS and telematics data
  • Dashcam and forward-facing camera footage
  • Dispatch communications and messaging
  • Cell phone records and text messages
  • Qualcomm or fleet management system data

Driver Records:

  • Complete Driver Qualification File
  • Employment application and resume
  • Background check and driving record
  • Medical certification and exam records
  • Drug and alcohol test results
  • Training records and certifications
  • Previous accident and violation history
  • Performance reviews and disciplinary records

Vehicle Records:

  • Maintenance and repair records
  • Inspection reports (pre-trip, post-trip, annual)
  • Out-of-service orders and repairs
  • Tire records and replacement history
  • Brake inspection and adjustment records
  • Parts purchase and installation records

Company Records:

  • Hours of service records for 6 months prior
  • Dispatch logs and trip records
  • Bills of lading and cargo documentation
  • Insurance policies
  • Safety policies and procedures
  • Training curricula
  • Hiring and supervision policies

Physical Evidence:

  • The truck and trailer themselves
  • Failed or damaged components
  • Cargo and securement devices
  • Tire remnants if blowout involved

ECM/Black Box Data: The Smoking Gun

Commercial trucks have electronic systems that continuously record operational data—similar to an airplane’s black box but for trucks.

Types of Electronic Recording:

System What It Records
ECM (Engine Control Module) Engine performance, speed, throttle, RPM, cruise control, fault codes
EDR (Event Data Recorder) Pre-crash data triggered by sudden deceleration or airbag deployment
ELD (Electronic Logging Device) Driver hours, duty status, GPS location, driving time
Telematics Real-time GPS tracking, speed, route, driver behavior
Dashcam Video of road ahead, some record cab interior

Critical Data Points:

  • Speed Before Crash: Proves speeding or excessive speed for conditions
  • Brake Application: Shows when and how hard brakes were applied
  • Throttle Position: Reveals if driver was accelerating or coasting
  • Following Distance: Calculated from speed and deceleration data
  • Hours of Service: Proves fatigue and HOS violations
  • GPS Location: Confirms route and timing
  • Fault Codes: May reveal known mechanical issues driver ignored

Why This Data Wins Cases: ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.

The 30-Day Danger: ECM data can be overwritten in as little as 30 days or with new driving events. ELD data may only be retained for 6 months. This is why we send spoliation letters IMMEDIATELY.

Catastrophic Injuries: When Your Life Changes Forever

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. An 80,000-pound truck is 20-25 times heavier than your car. At 65 mph, it needs 525 feet to stop—nearly two football fields. When that mass hits your vehicle, the results are devastating.

Traumatic Brain Injury (TBI)

What It Is: Damage to the brain from sudden trauma. In 18-wheeler accidents, extreme forces cause the brain to impact the inside of the skull.

Severity Levels:

Level Symptoms Prognosis
Mild (Concussion) Confusion, headache, brief loss of consciousness Usually recovers, but may have lasting effects
Moderate Extended unconsciousness, memory problems, cognitive deficits Significant recovery possible with rehabilitation
Severe Extended coma, permanent cognitive impairment Lifelong disability, may require 24/7 care

Common Symptoms: Headaches, dizziness, nausea, memory loss, confusion, difficulty concentrating, mood changes, depression, anxiety, sleep disturbances, sensory problems, speech difficulties, personality changes.

Long-Term Consequences: Permanent cognitive impairment, inability to work, need for ongoing care and supervision, increased risk of dementia and Alzheimer’s, depression and emotional disorders.

Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity.

Attorney911 Experience: We’ve recovered $1.5 million to $9.8 million for TBI victims in trucking accidents. As client Glenda Walker told us, “They fought for me to get every dime I deserved.”

Spinal Cord Injury and Paralysis

What It Is: Damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis.

Types of Paralysis:

Type Definition Impact
Paraplegia Loss of function below the waist Cannot walk, may affect bladder/bowel control
Quadriplegia Loss of function in all four limbs Cannot walk or use arms, may need breathing assistance
Incomplete Injury Some nerve function remains Variable—may have some sensation or movement
Complete Injury No nerve function below injury Total loss of sensation and movement

Level of Injury Matters: Higher injuries (cervical spine) affect more body functions. C1-C4 injuries may require ventilator for breathing. Lower injuries (lumbar) affect legs but not arms.

Lifetime Care Costs:

  • Paraplegia (low): $1.1 million+
  • Paraplegia (high): $2.5 million+
  • Quadriplegia (low): $3.5 million+
  • Quadriplegia (high): $5 million+

These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.

Amputation

Types of Amputation:

  • Traumatic Amputation: Limb severed at the scene due to crash forces
  • Surgical Amputation: Limb so severely damaged it must be surgically removed

Common in 18-Wheeler Accidents Due To: Crushing forces from truck impact, entrapment requiring amputation for extraction, severe burns requiring surgical removal, infections from open wounds.

Ongoing Medical Needs:

  • Initial surgery and hospitalization
  • Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
  • Replacement prosthetics throughout lifetime
  • Physical therapy and rehabilitation
  • Occupational therapy for daily living skills
  • Psychological counseling

Impact on Life: Permanent disability, career limitations or total disability, phantom limb pain, body image and psychological trauma, need for home modifications, dependency on others for daily activities.

Attorney911 Experience: We’ve recovered $1.9 million to $8.6 million for amputation victims. In one case, we secured $3.8 million for a client who lost a limb after a car crash and subsequent medical complications.

Severe Burns

How Burns Occur in 18-Wheeler Accidents: Fuel tank rupture and fire, hazmat cargo spills and ignition, electrical fires from battery/wiring damage, friction burns from road contact, chemical burns from hazmat exposure.

Burn Classification:

Degree Depth Treatment
First Epidermis only Minor, heals without scarring
Second Epidermis and dermis May scar, may need grafting
Third Full thickness Requires skin grafts, permanent scarring
Fourth Through skin to muscle/bone Multiple surgeries, amputation may be required

Long-Term Consequences: Permanent scarring and disfigurement, multiple reconstructive surgeries, skin graft procedures, chronic pain, infection risks, psychological trauma.

Internal Organ Damage

Common Internal Injuries: Liver laceration or rupture, spleen damage requiring removal, kidney damage, lung contusion or collapse (pneumothorax), internal bleeding (hemorrhage), bowel and intestinal damage.

Why Dangerous: May not show immediate symptoms, internal bleeding can be life-threatening, requires emergency surgery, organ removal affects long-term health.

Wrongful Death

When a Trucking Accident Kills: Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.

Who Can Bring a Wrongful Death Claim in Georgia:

  • Surviving spouse
  • Children (minor and adult)
  • Parents (if no spouse or children)
  • Estate representative

Types of Claims:

  • Wrongful Death Action: Compensation for survivors’ losses
  • Survival Action: Compensation for decedent’s pain/suffering before death

Damages Available:

  • Lost future income and benefits
  • Loss of consortium (companionship, care, guidance)
  • Mental anguish and emotional suffering
  • Funeral and burial expenses
  • Medical expenses before death
  • Pain and suffering experienced by decedent
  • Punitive damages (if gross negligence)

Attorney911 Experience: We’ve recovered $1.9 million to $9.5 million for families who lost loved ones in trucking accidents. We understand that no amount of money can replace your loved one—but holding the trucking company accountable can provide justice and financial security for your family’s future.

Commercial Truck Insurance: Why These Cases Are Worth More

Federal Minimum Insurance Requirements

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies:

Cargo Type Minimum Coverage
Non-Hazardous Freight (10,001+ lbs GVWR) $750,000
Oil/Petroleum (10,001+ lbs GVWR) $1,000,000
Large Equipment (10,001+ lbs GVWR) $1,000,000
Hazardous Materials (All) $5,000,000
Passengers (16+ passengers) $5,000,000
Passengers (15 or fewer) $1,500,000

Why This Matters for Your DeKalb County Case: Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available—and often much more. Many carriers carry $1-5 million in coverage. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.

But accessing these policies requires knowing how trucking law works. That’s where 25 years of experience matters. Call 1-888-ATTY-911 to put that experience to work for you.

Types of Damages Recoverable in DeKalb County Trucking Cases

Economic Damages (Calculable Losses)

Category What’s Included
Medical Expenses Past, present, and future medical costs
Lost Wages Income lost due to injury and recovery
Lost Earning Capacity Reduction in future earning ability
Property Damage Vehicle repair or replacement
Out-of-Pocket Expenses Transportation to medical appointments, home modifications
Life Care Costs Ongoing care for catastrophic injuries

Non-Economic Damages (Quality of Life)

Category What’s Included
Pain and Suffering Physical pain from injuries
Mental Anguish Psychological trauma, anxiety, depression
Loss of Enjoyment Inability to participate in activities
Disfigurement Scarring, visible injuries
Loss of Consortium Impact on marriage/family relationships
Physical Impairment Reduced physical capabilities

Punitive Damages (Punishment for Gross Negligence)

Punitive damages may be available when the trucking company or driver acted with:

  • Gross negligence
  • Willful misconduct
  • Conscious indifference to safety
  • Fraud (falsifying logs, destroying evidence)

Georgia’s $250,000 Cap: Georgia law caps punitive damages at $250,000 in most personal injury cases, with exceptions for intentional harm, product liability, and DUI cases. We pursue every available avenue to maximize your recovery.

The 48-Hour Evidence Preservation Protocol: Act Now or Lose Everything

In DeKalb County 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.

Critical Evidence Timelines

Evidence Type Destruction Risk What Attorney911 Does Immediately
ECM/Black Box Data Overwrites in 30 days or with new driving events Send spoliation letter within 24 hours; demand immediate download
ELD Data May be retained only 6 months Subpoena records; preserve GPS and hours-of-service data
Dashcam Footage Often deleted within 7-14 days Demand preservation of all camera recordings
Surveillance Video Business cameras typically overwrite in 7-30 days Canvass DeKalb County area; send preservation demands to nearby businesses
Witness Memory Fades significantly within weeks Interview witnesses immediately; obtain sworn statements
Physical Evidence Vehicle may be repaired, sold, or scrapped Photograph everything; demand vehicle preservation
Drug/Alcohol Tests Must be conducted within specific windows Demand immediate testing; preserve chain of custody

The Spoliation Letter: Your Legal Shield

A spoliation letter is a formal legal notice demanding that the trucking company preserve all evidence related to your DeKalb County accident. Once we send this letter and litigation is anticipated, the duty to preserve extends beyond minimum retention periods. Destroying evidence after receiving our letter can result in:

  • Adverse inference instructions: The jury is told to assume destroyed evidence was unfavorable to the trucking company
  • Sanctions and monetary penalties: The court fines the defendant
  • Default judgment: In extreme cases, the court may rule against the defendant automatically
  • Punitive damages: Enhanced damages for intentional destruction of evidence

When We Send It: IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.

What Our Spoliation Letter Demands

We demand preservation of:

Electronic Data: ECM/EDR data, ELD records, GPS/telematics, dashcam footage, dispatch communications, cell phone records, fleet management data

Driver Records: Complete Driver Qualification File, employment application, background checks, medical certifications, drug/alcohol tests, training records, accident history, performance reviews

Vehicle Records: Maintenance and repair records, inspection reports, out-of-service orders, tire and brake records, parts records

Company Records: Hours of service records, dispatch logs, bills of lading, insurance policies, safety policies, training curricula

Physical Evidence: The truck and trailer, failed components, cargo and securement devices

Frequently Asked Questions: DeKalb County 18-Wheeler Accidents

Immediate After-Accident Questions

What should I do immediately after an 18-wheeler accident in DeKalb County?

If you’ve been in a trucking accident in DeKalb County, take these steps immediately if you’re able:

  • Call 911 and report the accident
  • Seek medical attention, even if injuries seem minor
  • Document the scene with photos and video if possible
  • Get the trucking company name, DOT number, and driver information
  • Collect witness contact information
  • Do NOT give recorded statements to any insurance company
  • Call an 18-wheeler accident attorney immediately

Should I go to the hospital after a truck accident even if I feel okay?

YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. DeKalb County hospitals including Grady Memorial Hospital, Emory University Hospital, and Atlanta Medical Center can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

What information should I collect at the truck accident scene in DeKalb County?

Document everything possible:

  • Truck and trailer license plates
  • DOT number (on truck door)
  • Trucking company name and logo
  • Driver’s name, CDL number, and contact info
  • Photos of all vehicle damage
  • Photos of the accident scene, road conditions, skid marks
  • Photos of your injuries
  • Witness names and phone numbers
  • Responding officer’s name and badge number
  • Weather and road conditions

Trucking Company and Driver Questions

Who can I sue after an 18-wheeler accident in DeKalb County?

Multiple parties may be liable in trucking accidents:

  • The truck driver
  • The trucking company/motor carrier
  • The cargo owner or shipper
  • The company that loaded the cargo
  • Truck or parts manufacturers
  • Maintenance companies
  • Freight brokers
  • The truck owner (if different from carrier)
  • Government entities (for road defects)

We investigate every possible defendant to maximize your recovery.

Is the trucking company responsible even if the driver caused the accident?

Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for negligent hiring, negligent training, negligent supervision, and negligent maintenance.

What if the truck driver says the accident was my fault?

Georgia uses modified comparative negligence with a 50% bar. Even if you were partially at fault, you may still recover compensation as long as you were less than 50% responsible. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.

Evidence and Investigation Questions

What is a truck’s “black box” and how does it help my case?

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data—similar to airplane black boxes. This data can show speed before and during the crash, brake application timing, engine RPM and throttle position, whether cruise control was engaged, and GPS location. This objective data often contradicts what drivers claim happened.

What is an ELD and why is it important?

Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.

How long does the trucking company keep black box and ELD data?

ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything.

Legal Process Questions

How long do I have to file an 18-wheeler accident lawsuit in DeKalb County?

In Georgia, you have TWO YEARS from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the two years runs from the date of death. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

How long do trucking accident cases take to resolve?

Timelines vary: simple cases with clear liability may resolve in 6-12 months; complex cases with multiple parties may take 1-3 years; cases that go to trial may take 2-4 years. We work to resolve cases as quickly as possible while maximizing your recovery.

Will my trucking accident case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.

Do I need to pay anything upfront to hire your firm?

NO. We work on contingency—you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.

Why Choose Attorney911 for Your DeKalb County 18-Wheeler Accident Case

25+ Years of Fighting for Trucking Accident Victims

Ralph Manginello has been fighting for injury victims since 1998. With over 25 years of courtroom experience and admission to the U.S. District Court for the Southern District of Texas, he has the federal court experience critical for interstate trucking cases. He’s litigated against Fortune 500 corporations including BP, and has recovered multi-million dollar settlements for families devastated by 18-wheeler crashes.

The Insurance Defense Advantage

Our associate attorney Lupe Peña spent years working at a national insurance defense firm. He knows exactly how large insurance companies evaluate, minimize, and deny trucking accident claims. Now he uses that insider knowledge to fight FOR you. As we tell our clients: “Our firm includes an attorney who used to work for insurance companies—now he fights against them. He knows their playbook.”

Multi-Million Dollar Results

Our track record speaks for itself:

  • $5+ million for traumatic brain injury victims
  • $3.8+ million for amputation cases
  • $2.5+ million for truck crash recoveries
  • $2+ million for maritime and offshore injuries
  • $10 million lawsuit currently active against University of Houston for hazing injuries

As client Glenda Walker said, “They fought for me to get every dime I deserved.” And as Chad Harris told us, “You are NOT just some client… You are FAMILY to them.”

Three Office Locations Serving DeKalb County and Beyond

With offices in Houston, Austin, and Beaumont, we serve trucking accident victims across Texas and beyond. For DeKalb County, Georgia clients, our federal court experience and interstate trucking expertise allow us to represent you effectively, coordinating with local counsel as needed.

24/7 Availability: We’re Here When You Need Us

Trucking accidents don’t happen on business hours. That’s why we answer 1-888-ATTY-911 24 hours a day, 7 days a week. When you call, you talk to a real person who understands the urgency of your situation.

Hablamos Español: Spanish-Language Services

Many trucking accident victims in DeKalb County and across the Southeast speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español. Llame al 1-888-ATTY-911.

Your Next Step: Call Attorney911 Now

If you or a loved one has been injured in an 18-wheeler accident in DeKalb County, Georgia, you need to act now. The trucking company already has lawyers working to protect them. You need someone fighting for you.

Call 1-888-ATTY-911 now. Your consultation is free. We work on contingency—you pay nothing unless we win. And we answer 24/7 because we know trucking accidents don’t wait for business hours.

Don’t let the trucking company win. Don’t settle for less than you deserve. Call Attorney911 today and let us fight for every dime you’re owed.

1-888-ATTY-911
24/7 Free Consultation
No Fee Unless We Win

Attorney911 / The Manginello Law Firm, PLLC
Houston • Austin • Beaumont
Serving DeKalb County, Georgia and trucking accident victims nationwide

This content is for informational purposes only and does not constitute legal advice. Every case is different. Contact us for a free consultation about your specific situation.

Share this article:

Need Legal Help?

Free consultation. No fee unless we win your case.

Call 1-888-ATTY-911

Ready to Fight for Your Rights?

Free consultation. No upfront costs. We don't get paid unless we win your case.

Call 1-888-ATTY-911