Every year, families are shattered, lives abruptly ended, and futures lost in catastrophic truck accidents. When the consequences are tragic, the loss is immeasurable – not just financially, but emotionally and irreparably. Several Georgia families are facing unimaginable grief after a truck crash on I-85 that left 8 people dead and several others injured. The truck driver responsible for the crash is being criminally charged.
If you or someone you love has been hurt, or worse, by a negligent truck driver, you deserve someone who will fight for justice. Kherkher Garcia has helped many families in the wake of devastating truck crashes. Incidents like the one on I-85 illustrate why holding wrongdoers accountable matters.
Below our truck accident attorneys take a closer look at a recent tragic crash, and provide information for victims and their families about pursuing claims and justice.
Georgia Truck Crash Tragedy
On the afternoon of October 13, 2025, tragedy unfolded on Interstate 85 northbound in Jackson County, Georgia, just south of mile marker 147 near Commerce. According to the Georgia State Patrol (GSP), a semi-trailer – driven by 33-year-old Kane Aaron Hammock – was following too closely behind a 2014 Dodge Grand Caravan. The semi struck the rear of the van, triggering a catastrophic “chain reaction” that involved four additional vehicles.
Moments after impact, both the van and the tractor-trailer burst into flames. Tragically, all eight occupants of the van – including three adults and five children – died in the crash.
In many reports, one of the passengers is believed to have been pregnant, though that must be confirmed through autopsy.
One of the other vehicles involved was a van operated by FurKids Animal Rescue, carrying 37 cats en route to a facility in Vermont. The FurKids van was severely damaged; its driver survived with cuts and bruises. Most of the cats have been located, though two remain missing, and at least one was hospitalized with pulmonary contusions.
Investigators from the Georgia State Patrol’s Specialized Collision Reconstruction Team and the National Transportation Safety Board (NTSB) are actively working to piece together exactly how this disaster unfolded.
Criminal Consequences: What Charges Are Being Brought
In the aftermath of this heart-wrenching truck crash, the state has pursued serious criminal charges against the truck driver, including:
- Eight counts of second-degree vehicular homicide (for causing the deaths of eight people).
- One count of second-degree feticide by vehicle (pending confirmation of pregnancy through autopsy).
- One count of following too closely (a traffic violation allegation).
- One count of no registration.
- One count of driver to exercise due care (failure to drive with proper care).
The criminal case is distinct from any civil claims, but it underscores the seriousness of the conduct alleged. In criminal proceedings, prosecutors must prove guilt beyond a reasonable doubt. Even if the criminal case results in a conviction, it does not automatically entitle victims’ families to compensation – those must be pursued in civil court.
The criminal charges, if upheld, could lead to imprisonment, fines, and other sanctions. Importantly, a criminal case may produce valuable evidence (accident reconstruction, driver logs, admissions) that can help in civil lawsuits.
For Victims: Pursuing a Personal Injury or Wrongful Death Claim
If you or your loved one was harmed or killed in a truck crash, there are legal paths to pursue compensation. Below we explain both personal injury and wrongful death claims, how they differ, and what to watch out for in cases involving large commercial trucks.
Personal Injury Claims (Surviving Victims)
If you survived a truck crash but suffered serious injuries, you may be eligible to file a personal injury claim. Key elements typically include:
- Duty of care – The truck driver (and often the trucking company) owed you a duty to operate safely and follow laws and regulations.
- Breach of duty – They violated that duty (e.g. following too closely, speeding, fatigue, improper maintenance).
- Causation – The breach directly caused your injuries (or made them worse).
- Damages – You suffered losses (medical bills, lost wages, pain and suffering, rehabilitation costs).
Special considerations in truck cases
- Federal and state regulations: Trucking is heavily regulated (hours-of-service rules, maintenance, driver qualification). Violations of these regulations can strengthen a claim.
- Multiple parties: Liability may extend beyond the driver to parties including the trucking company, owners, maintenance contractors, load brokers, or parts manufacturers.
- Evidence preservation: Critical evidence (black box “electronic logging device,” driver logs, truck maintenance records, driver’s cell phone data, dash cam/video, traffic cameras, etc.) must be preserved.
- High stakes: Because trucks are massive and often inflict catastrophic damage, settlements or verdicts may be substantial. Insurers will fight aggressively, but so will the right attorney.
- Expert testimony: Accident reconstruction experts, mechanical engineers, medical experts, and economists often play essential roles.
Wrongful Death Claims (Families of Deceased Victims)
When a loved one dies because of another’s negligence (such as in a crash), the family can pursue a wrongful death claim. This is a civil remedy distinct from criminal prosecution. Key points:
- Who may file – In Georgia, the personal representative (executor or administrator) of the deceased’s estate typically brings the claim, on behalf of beneficiaries (spouse, children, dependents).
- Elements required – The claimant must show:
- The defendant owed a duty (safe driving)
- The defendant breached that duty
- The breach caused the death
- The death resulted in damages (loss of support, funeral expenses, loss of consortium, grief)
- Types of recoverable damages –
- Economic losses: lost future earnings, medical and funeral expenses
- Non-economic losses: pain and suffering prior to death, loss of companionship, mental anguish
- Some jurisdictions allow punitive damages in extreme misconduct cases.
- Survival action vs. wrongful death – Sometimes a “survival” claim (for harms suffered before death) is pursued along with wrongful death claims in the same lawsuit.
- Statute of limitations – It is critical to file within the deadline—often two years in Georgia (though there may be exceptions). Failing to act on time may forfeit the right to compensation.
Unique Challenges in Truck Crash Wrongful Death Cases
- High insurance limits: Because commercial trucks often carry large liability policies, insurers will vigorously defend.
- Multiple defendants: Liability may span truck owner, employer, maintenance companies, and others.
- Complex proof requirements: Showing proximate cause in a high-impact crash may require expert reconstruction and deep factual investigation.
- Coordination with criminal case: Evidence in a parallel criminal proceeding may help or complicate the timing or strategy of the civil claim.
- Emotional burden: Families face grief alongside demanding legal work. Having a sensitive yet aggressive attorney is vital.
FAQ: Truck Accidents & Wrongful Death Claims
Below are common questions victims and families often ask after a tragic truck crash.
Q: Does a criminal conviction automatically mean I win a civil case?
A conviction can be persuasive evidence of liability, but it does not guarantee civil recovery. The standard of proof is lower in civil court (preponderance of the evidence), and independent proof is still required. That’s why it is so important to work with a truck accident attorney.
Q: Can I sue the trucking company even if the driver is criminally charged?
Yes. The trucking company may be held vicariously liable (respondeat superior) or independently liable for negligence in hiring, maintenance, supervision, or training.
Q: What damages can I recover in a wrongful death claim?
You may recover funeral and burial costs, lost earnings and benefits, loss of consortium, grief and sorrow, and in some cases punitive damages.
Q: How long do I have to file a wrongful death or personal injury claim in Georgia?
Generally, you have two years from the date of death or injury to file a lawsuit (O.C.G.A. § 9-3-33). There may be exceptions or tolling in special circumstances. As a general rule, it is best to act promptly.
Q: Who pays the legal and expert costs in these cases?
Most personal injury and wrongful death cases operate on a contingency fee basis. That means the lawyer’s fee comes as a percentage of recovery. Expert and litigation expenses are advanced and then repaid from the settlement or judgment.
Q: What should I do immediately after a truck crash?
There are a few things you can do immediately after a crash to start protecting yourself, and your rights:
- Seek medical attention (even if injuries seem minor).
- Report the crash and obtain the official police report.
- Preserve evidence (photos, videos, contact info, vehicle info).
- Notify your insurance company, but avoid detailed admissions.
- Consult with an experienced truck accident attorney as soon as possible—especially to preserve perishable evidence (black box data, logs).
Contact a Skilled, Compassionate Truck Accident Attorney
This horrific crash on I-85 in Jackson County is a stark reminder of just how vulnerable victims are when a commercial truck driver fails to operate safely. Eight lives were lost in an instant – lives that can never be replaced. But the law offers a path to accountability, dignity, and financial justice for those left behind.
If your loved one has tragically died in a truck accident, or you or your family has been seriously injured, you don’t have to face this alone. At Kherkher Garcia, we have a deep track record of guiding grieving families and injured victims through the legal process after catastrophic collisions. We have secured justice and compensation in some of the most challenging truck accident cases. What’s more, we are fierce advocates for trucking legislation and victims’ rights.
Contact us today for a free, no-obligation review of your case. We can help you understand your rights, the potential value of your claim, and the path forward. Call Kherkher Garcia at 713-333-1030, or submit our online contact form, and let us help you seek justice and healing after unimaginable loss.
Let us fight for you so your family’s voice is heard and the responsible parties are held accountable.
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