Should I sue the truck driver or the trucking company in Georgia?
After a Georgia truck accident, a claim can name the truck driver, the trucking company or both, and sometimes the company that loaded the cargo or the maker of a failed part. Who belongs in the claim depends on who employed the driver, what caused the crash and which policies apply. The Scott Pryor Law Group investigates each one.
Key takeaways
- A truck accident claim can name more than one party: the driver, the trucking company, the cargo loader or the truck's maker.
- Whether the driver was on the job for a trucking company often decides whose insurance pays.
- A trucking company can be at fault for its own choices, such as how it hires and trains drivers.
- Trucking companies usually carry far larger policies than individual drivers.
- Your share of fault, if any, reduces what you can recover from any of them.
Can I sue the trucking company instead of the truck driver?
After a Georgia truck accident, you can often bring a claim against both the truck driver and the trucking company. When the driver was on the job, the company may be responsible too, and its insurance usually covers the claim. The Scott Pryor Law Group checks who employed the driver and who owned the truck before naming anyone.
The answer turns on the driver’s status at the moment of the crash.
| The driver at the time of the crash | Who may be liable |
|---|---|
| Working for a trucking company, on the clock | The driver and the trucking company |
| Driving the commercial truck off the clock | The driver |
| Self-employed, hauling under contract | The driver, who may be fully responsible |
A trucking company can also be at fault for its own choices, apart from anything the driver did. We look at whether the company:
- Hired a driver with a poor record or skipped a background check
- Trained the driver for the truck and the load
- Kept up with inspections and maintenance
- Set schedules or pay that pushed drivers to speed or keep driving while tired
We do not rely on the company’s description of the driver. Contracts, dispatch records and logs show who the driver was hauling for and which policy covers the crash.
How is a claim against a trucking company different from one against a driver?
A Georgia truck accident claim against a trucking company usually involves more parties, larger insurance policies and federal and state safety rules that a claim against an individual driver does not. The Scott Pryor Law Group builds a trucking claim around those differences from the first day, starting with the company’s own records.
| Issue | Claim against an individual driver | Claim against a trucking company |
|---|---|---|
| Who may be liable | The driver, and an employer if the driver was on the job | The driver, the trucking company, and sometimes the cargo loader, the truck’s owner or a parts maker |
| Insurance | The driver’s own auto policy | Commercial policies, usually much larger, with federal minimums for interstate carriers |
| Rules | Georgia’s rules of the road | The rules of the road, plus federal FMCSA rules and Georgia’s motor carrier law |
| Evidence | Police report, photos and witnesses | All of that, plus driver logs, the truck’s electronic data, driver files, and maintenance and dispatch records |
| The other side | An insurance adjuster | Adjusters and lawyers working from the first days after the crash |
Some things stay the same. Georgia’s fault rules apply to both kinds of claim, and so does the deadline to file. What changes is the amount of evidence and how fast it can disappear. Logging-device data can be overwritten within weeks, and camera footage can be deleted, so a trucking claim needs preservation demands early.
Who else can be liable for a truck accident in Georgia?
A Georgia truck accident claim can reach past the driver and the trucking company. The company that loaded the cargo, the owner or servicer of the truck, and the maker of a defective or recalled part may each share the blame. The Scott Pryor Law Group investigates every party whose mistake helped cause the crash.
- The cargo company. Cargo that is overloaded or loaded badly can shift or spill and cause a crash. The company that loaded it may be partly liable.
- The truck or trailer owner, or a repair shop. When another company owns or maintains the truck, a missed repair can put that company in the case.
- The manufacturer. A part that malfunctions, or one that was recalled, can make the maker responsible. If a recalled part falls off the truck and causes the crash, the claim may run against the manufacturer instead of the driver or the trucking company.
Georgia’s product liability rule: Manufacturers can be liable for selling products that are defective at the time of sale if the defects harm consumers. O.C.G.A. § 51-1-11
Each added party can mean another insurer, and another set of lawyers working to limit what it pays. Finding all of them early keeps a claim from stopping at one policy.
Whose insurance pays after a truck accident in Georgia?
After a Georgia truck accident, the policy that pays depends on who is liable. A trucking company usually carries much larger coverage than an individual driver, which is one reason it matters whether the company belongs in the claim. The Scott Pryor Law Group identifies every policy that may apply before it values a truck accident case.
Federal rules require interstate trucking companies to carry minimum liability coverage well above what most private drivers carry. The minimum for individual drivers is far lower. Georgia requires minimum liability coverage of $25,000 for bodily injury per person, $50,000 per incident, and $25,000 for property damage. An individual driver’s own policy may cover only a small part of a serious injury. When the driver was on the job, the trucking company’s policy is usually where the coverage is.
Suing a trucking company’s insurer directly is harder than it used to be. Until July 1, 2024, a personal injury claim in Georgia could include a trucking company's insurer as a named defendant. Now 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. Georgia Senate Bill 426 That makes it more important to name the right driver and company from the start.
Trucking insurers also defend claims hard. They have adjusters and lawyers working on the claim within days of the crash, and their incentive is to pay less. Insurance companies handle claims like this every day. Most people handle one.
Our post on what a Georgia truck accident case is worth explains how insurance limits shape the value of a claim.
Do trucking safety rules apply to the driver or the company?
Trucking safety rules apply to both. In Georgia, a truck driver and a trucking company each have duties under federal and state rules, and either can be named in a claim when a violation helps cause a crash. The Scott Pryor Law Group checks the driver’s records and the company’s records after a truck accident.
Under Georgia law: Trucking companies must follow strict safety regulations, including limits on driver hours and maintenance requirements. O.C.G.A. § 40-1-8
Some rules fall on the driver, such as federal driving-hour limits and holding a valid commercial driver’s license. Others fall on the company, such as maintaining its trucks and not requiring a driver to drive past the hours limits. A violation by either can be evidence of negligence.
That is why we look at both sides at once. A tired driver may point to a company schedule that left no room for rest. A brake failure may point to a company that put off repairs. Our post on federal and Georgia trucking rules explains which rules apply and how a violation is investigated.
How does shared fault affect a claim against a trucking company or driver?
Shared fault works the same way in a Georgia truck accident claim whether it names the driver, the trucking company or both. Georgia follows a comparative negligence rule, so any share of blame assigned to you matters. The Scott Pryor Law Group investigates fault early, because trucking insurers often argue about it to lower what they pay.
Georgia’s comparative negligence rule: If you are less than 50% at fault, you can still recover damages, reduced by your percentage of fault. O.C.G.A. § 51-12-33
The evidence that settles fault is often in the trucking company’s hands: the truck’s electronic data, driver logs, dispatch records and camera footage. Some of it can be overwritten within weeks. We demand that the company preserve it as soon as you retain us, and we bring in experts, such as crash reconstruction specialists, when fault is disputed.
A settlement usually closes the claim for good, so make sure every responsible party is in it before you sign. Whether to accept an offer is a separate decision, and our Georgia car accident lawyer page covers it.
The deadline to file: Victims generally have two years to file a personal injury lawsuit. O.C.G.A. § 9-3-33 Our Georgia truck accident lawyer page explains what to do after a crash and why the practical deadline in a truck case comes sooner. Schedule a free consultation. Phones answered 24/7.
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