After a truck crash, people often suspect the driver was distracted. But proving it is another story. In Georgia, the rules are strict, and big trucking companies are quick to defend themselves. They have lawyers ready to act fast. Most of the time, evidence disappears within days. Texts get deleted. Dash cams get recorded over. And drivers, well, they don’t always tell the full truth.
If you or someone you love has been hit by a truck, this part can feel really frustrating. You’re hurt. Your car is wrecked. And now, you’re told that you also have to prove the truck driver wasn’t paying attention. That’s hard to hear. But it’s the truth. And it’s why knowing what to expect can help.
What Is Distracted Driving?
In Georgia, distracted driving means doing anything that takes your hands off the wheel, your eyes off the road, or your mind off driving. That includes texting, eating, talking on the phone, using a GPS, or even reaching for something in the seat next to you.
The law says commercial drivers must follow stricter rules than the rest of us. They can’t hold their phones. They must log their hours. And they have to follow federal safety rules every time they get behind the wheel. But even with all these rules, distracted driving still happens—more than people want to admit.
What Makes Proving It So Difficult?
It’s one thing to say a driver was distracted. It’s another thing to prove it. Most truck drivers won’t say they were texting or watching a video. And unless someone saw them do it—or there’s proof from their phone or camera—your word might not be enough.
Adam Princenthal
Attorney At Law
David May
Attorney At Law
Matthew Wilson
Attorney At Law
Also, trucking companies often try to shift blame. They may say the wreck was caused by traffic, weather, or even your own actions. They may try to delay the case so they don’t have to turn over evidence. And if you wait too long, some of that evidence could disappear forever.
How Do You Prove Distracted Driving Then?
To build a strong case, you need more than just a feeling something was wrong. You need real proof. That could be cell phone records. That could be dash cam video. It might even be what’s logged in the truck’s black box—the event data recorder that tracks speed, braking, and other details.
You also need to act fast. Once a lawyer gets involved, they can demand the trucking company preserve evidence. They can send investigators to the scene. They can find witnesses. And they can ask the court to get records that would be hard to get on your own.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.”
- Debau
I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner."
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I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!"
- Jacque Minor
What if the Driver Says They Weren’t Distracted?
That’s common. Many drivers claim they were doing everything right. But sometimes, the facts tell a different story. Maybe there’s a long delay in braking. Maybe there’s a sudden swerve. Maybe phone records show the driver was on a call. Or maybe the crash just doesn’t match up with what the driver says happened. When you bring all those pieces together, you can show the truth. And in court, that’s what matters.
Does Georgia Law Help or Hurt My Case?
Georgia’s hands-free law is clear. Drivers can’t hold their phones while driving. And for truckers, the rules are even tighter under federal law. That helps your case—if you can show they broke those rules.
But remember, Georgia also follows a modified rule for fault. If you’re found 50% or more at fault, you can’t recover anything. So, if the trucking company can make it look like you were partly to blame, they may try to use that against you. That’s why it’s so important to work with someone who knows how these laws play out in real truck crash cases.
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Can Technology Help Prove the Case?
Yes. Technology can be a big help. Trucks today often have cameras inside and outside the cab. Some have lane tracking systems and forward collision warnings. Cell phone records can show if a driver was on a call or sending texts. And black boxes can show what the driver was doing just before the crash. But you have to get this info before it’s gone. Most of it won’t be saved unless someone asks for it right away.
What Should I Do After a Truck Crash?
First, get medical help. Then, if you can, take photos at the scene. Get the names of witnesses. Call the police. Make sure a report is filed. After that, talk to someone who knows what steps to take next.
Don’t post about the crash online. Don’t talk to the trucking company or their insurer without help. And don’t wait too long. In Georgia, you only have two years to file most injury claims. But if you wait that long, it may already be too late to get the proof you need.
What Happens if I Win My Case?
If you win, you can recover money for your medical bills, lost pay, pain, and more. Truck crashes cause real harm. And when a driver is distracted, that harm can be worse. Georgia law lets you ask for full damages. Sometimes, if the driver was very careless, you can even ask for extra damages to punish them. But none of that can happen unless the facts are clear. That’s why proving distracted driving matters.
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How Can Princenthal, May & Wilson, LLC Help?
If you’ve been hit by a truck and you believe the driver was distracted, you’re not alone. This kind of case is tough. But you don’t have to figure it out by yourself. Our team can start working fast. We can get the proof, deal with the trucking company, and help you understand your options.
Don’t let the trucking company set the pace. Don’t let time run out. Let us help you hold the right people responsible. Call Princenthal, May & Wilson, LLC today and tell us what happened. You focus on healing. We’ll focus on getting justice.
