Georgia Truck Accident Personal Injury Claims: Suing the Truck Driver vs the Trucking Company

Truck accidents can occur in a split second and change the lives of you and your loved ones forever. Due to the sheer weight and size of commercial trucks, the trauma of a collision may leave you with severe injuries and soaring expenses, and an unclear path to justice.

If you’re filing a truck accident case in Georgia, you may wonder what parties to include in your personal injury claim. Liability in a Georgia truck accident can prove to be a complex issue, as multiple parties may be at fault. 

For example, a contracted truck driver may be self-employed and fully responsible for your collision. Conversely, an employed truck driver who crashes into you while on the clock may share liability with the trucking company. Due to recent changes in Georgia law, directly suing a trucking company’s insurer may be more difficult than ever before. 

The right truck accident lawyer in Georgia can help you navigate the legal process and determine whether or not to include a truck driver or trucking company in your personal injury claim.

What to Know About Truck Accidents in Georgia

Sharing the roads with commercial trucks is a given for Georgia drivers. Truck drivers log thousands of miles on the state’s rural roads and city highways, and inevitably, accidents occur. 

Here are some important facts to note about truck accidents in Georgia:

• From 2013-2023, there were 310,746 truck accidents that caused over 106,000 injuries and 2,374 fatalities
• The National Highway Safety Administration (NHSA) has requested that Georgia accurately track underride truck accidents (when a vehicle is trapped underneath a commercial truck), but thus far, the state has failed to do so
• Commercial trucks weigh between 10,000 and 85,000 pounds – over 4xs the weight of an average sedan
• A commercial truck driver in Georgia must be at least 18 years old, and hold a CDL (Commercial Driver’s License)
• All commercial truck drivers are required to take Federal Motor Carrier Safety Administration (FMCSA) Entry-Level Driver Training (ELDT) 

Truck Accident Insurance Coverage in Georgia 

Auto accidents are always traumatic experiences. However, if a non-commercial vehicle hits you, the road to just compensation may be more straightforward than if you’re involved in a commercial truck accident.

Georgia law requires that individual drivers carry the following minimum insurance coverage:

• $25,000 for body injury per person
• $50,000 for body injury per accident
• $25,000 for property damage per accident

However, commercial trucking companies are required to carry much higher minimum coverage:

• $100,000 for body injury per person
• $50,000 for property damage per accident
• A federal minimum of $750,000 in liability for interstate truck drivers driving trucks that weigh over 10,000 pounds 

Who is Liable in a Georgia Truck Accident?

A truck accident lawyer in Georgia can help you determine and prove liability in your collision. However, trucking insurance companies have a fleet of attorneys who will attempt to poke holes in your case to lowball or even deny your claim.

An individual driver is covered by their employer’s insurance policy unless they are operating their commercial vehicle off-the-clock. In this scenario, a trucking company wouldn’t be liable for your injuries.

Similarly, a trucker and a trucking company in Georgia must adhere to both federal and state regulations and can be named defendants in your personal injury claim if there’s evidence that they’ve violated these laws.

Nevertheless, a truck accident claim often includes multiple liable parties, including:

• Cargo Company: If cargo is improperly loaded, it can result in hazardous spills and dangerous weight shifts. A truck accident lawyer in Georgia will explore any evidence that points toward cargo storage and loading errors that resulted in your accident. Legally, the cargo company could be found partially liable for your collision.   
• Trucking Company: You may be able to sue a trucking company if your lawyer finds evidence of safety violations or a lack of adherence to industry regulations. Similarly, if a truck driver causes your accident while on the clock, the trucking company who employs the driver might be found liable in your personal injury claim.  
• Truck Driver: If a truck driver is operating a commercial vehicle but is off the clock when they cause your accident, they might be found fully liable for your crash. In this scenario, your lawyer might advise that you sue the truck driver, rather than the trucking company.
• Truck Manufacturer: If a truck manufacturer installed parts that malfunction or have been recalled, they may hold full liability for your collision. For example, if a recalled part of the truck’s exterior falls off and causes your accident, you might sue the manufacturer rather than the truck driver or trucking company.

Georgia Laws that Could Impact Your Case

SB426

Until July 1, 2024, your personal injury claim in Georgia could include a trucking company’s insurer as a named defendant. This gave individuals injured in a truck accident a straightforward route to receive compensation, and didn’t require the inclusion of a trucker or trucking company in a lawsuit.

However, state and federal regulations are always subject to change, and the recently passed Georgia Senate Bill 426 limits your ability to sue a trucking company’s insurer.

You can only sue a trucking insurance company directly if a trucker or trucking company cannot be located, or if the trucking company responsible for your accident has gone bankrupt.

Modified Comparative Negligence

Georgia is one of many states with a modified comparative negligence (also known as comparative fault) law that can impact your compensation after a truck accident. Whether you’re suing a trucking company or a truck driver, if you hold partial fault for your collision, your compensation will be impacted.

Modified comparative negligence means:

• If you’re found liable for 50%-100% of your accident, you cannot pursue compensation.
• If you’re less than 50% at fault but hold over 0% of responsibility for your accident, the compensatory amount you can receive will decrease based on that percentage.

How a Truck Accident Lawyer Can Help

Although you can choose to file a personal injury lawsuit without a lawyer, you may not be able to determine liability or navigate the complexities of the legal process on your own. A truck accident lawyer in Georgia has access to vast resources and legal knowledge that can help you to build the strongest case possible.

Truck accident lawyers understand how to negotiate with giant insurance companies and will fight for the best outcome possible in your case.

A lawyer will help you gather evidence, conduct a thorough investigation of your accident, find forensic experts (for example, truck accident reconstructionists) to testify on your behalf, and determine the amount of compensation you should seek and ensure you don’t accept a lowball settlement offer. 

It’s important to remember that once you’ve accepted a settlement from an insurance company, you have no further legal recourse to compensation.  

Contact The Scott Pryor Law Group

A truck accident lawyer with The Scott Pryor Law Group can help you determine if your personal injury claim should include the truck driver or trucking company. We’ll thoroughly investigate your accident, gather evidence to build your case, and offer you support through the healing process.

We’re dedicated to helping you and your loved ones receive justice after the trauma you’ve endured, and will fight for you to receive the compensation you’re rightfully owed.

We can’t guarantee a successful outcome to your case, but we’ve successfully fought for many truck accident victims and have recovered 7-figure settlements for numerous clients. 

Schedule your free consultation with The Scott Pryor Law Group today.

Scott Pryor

Managing Attorney | CEO

Scott is a U.S. Marine Veteran. He is a member of the State Bar of Georgia and is listed in the top 1% of trial attorneys in the nation by the Litigator Awards. He is also a member of Super Lawyers, National Trial Lawyers, the Georgia Trial Lawyers Association—Champion Level and sits on the Communications Committee of GTLA and the Multi-Million Dollar Advocates Forum.

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