Can You Sue the Trucking Company After an Accident in Georgia?

Yes, you can sue a trucking company after an accident in Georgia if its actions or its driver’s actions caused your injuries. A trucking company could be responsible for a truck accident if, for example, it hired or retained an unqualified commercial motor vehicle driver, failed to maintain its vehicles, or pressured truck drivers to ignore the law. In some cases, Georgia’s vicarious liability laws allow victims to hold these companies accountable for their employee drivers’ behavior even if the trucking companies themselves did nothing wrong.

Who Can Be Held Liable in a Georgia Truck Accident?

Some people wrongly assume the truck driver is the only party who could be at fault in a truck accident case. However, multiple parties could in fact share legal responsibility for the crash, including the trucking company in charge of the operation. Trucking companies can face liability in personal injury claims in two ways: for their own negligence and through vicarious liability for their truck drivers’ actions.

Vicarious Liability

Vicarious liability is a legal concept that allows an injured person to hold one party accountable for the actions of another based on the relationship between the two parties. It most often applies in employer/employee relationships, where an employer can be held vicariously liable for the negligence of an employee within the scope of their job duties.

The idea is that, since the employer benefits from the employee’s work, it should therefore share responsibility if the work causes harm. In the context of a truck accident case, vicarious liability means that a trucking company can be held accountable for accidents caused by its drivers while they are on the job.

Trucking Company Negligence

Beyond vicarious liability, a trucking company can face direct liability for its own negligent practices in Georgia truck accident cases. For example, a trucking company might be considered negligent if it:

• Hired a driver without running proper background checks
• Hired drivers despite red flags, such as prior DUIs or safety violations
• Failed to screen for drug or alcohol use before allowing a driver to operate
• Hired inexperienced drivers or failed to provide adequate training
• Pressured drivers to ignore federal hours of service (HOS) regulations to meet unrealistic delivery deadlines
• Performed inadequate vehicle maintenance on company trucks

Other Potentially Liable Parties

Some examples of other parties that could potentially share liability for a Georgia truck accident include:

• Cargo loading teams
• Manufacturers of commercial trucks
• Truck parts manufacturers
• Truck maintenance contractors
• Road maintenance authorities

When Can the Truck Driver Be Held Personally Responsible for the Accident?

The choices truck drivers make on the road often play a major role in how and why truck accidents happen. Commercial truck drivers can face personal liability if they directly contribute to collisions by:

• Driving under the influence – Any driver who uses alcohol, illegal drugs, or even certain medications before getting behind the wheel makes a conscious decision to violate safety laws.
• Speeding – A fully loaded truck requires much more distance to stop than a passenger car. If a driver pushes past the speed limit or the safe speed for conditions, they increase the chance of losing control.
• Ignoring traffic laws – Driving behaviors like running red lights, failing to yield, and making unsafe lane changes can endanger everyone nearby.
• Violating hours-of-service rules – Federal regulations limit how long a commercial driver can stay on the road without rest. Drivers who go beyond hours-of-service limits risk dangerous fatigue-related errors.

What If the Truck Driver Is an Independent Contractor?

Some trucking companies claim their drivers are independent contractors to avoid liability. However, a company could still face responsibility for the actions of a so-called independent contractor if it controls how the driver works or if the driver operates under the company’s authority.

Such signs could indicate that the company misclassified an employee as a contractor. Courts look at the relationship between the driver and the company to determine whether an employment relationship exists, not just what the company’s paperwork says.

What Evidence Do You Need to Sue Trucking Companies?

You need solid evidence that shows how the crash happened and who caused it to build a strong case against a trucking company. Potential evidence could come from several sources, such as:

• Truck driver logs and electronic logging device (ELD) data
• Vehicle inspection and maintenance records
• Trucking company hiring and training files
• Driver drug and alcohol test results
• Dashcam or surveillance footage
• Witness statements
• Black box or event data recorder information
• Photos of the crash scene and vehicle damage
• Medical records and billing statements

What Types of Damages Are Available in a Georgia Trucking Accident Claim?

In Georgia, truck accident victims can seek damages (money) to cover the losses they suffered due to the accident. Several types of damages may be available depending on how the crash affected the person’s health, income, and quality of life:

• Economic damages cover the direct financial impact of the accident. They cover measurable losses like medical expenses, lost income, reduced future earning capacity, and the costs of repairing or replacing damaged property.
• Non-economic damages cover losses without a clearcut dollar amount. Examples include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
• Punitive damages are different and only apply in exceptional circumstances. Courts award punitive damages not to compensate victims but to punish liable parties for especially reckless or intentional conduct.

How Long Do You Have to File a Truck Accident Claim in Georgia?

In Georgia, you generally have two years from the date of a truck accident to file a personal injury lawsuit. Property damage lawsuits have a four-year filing window.

If you wait too long to take action, it could prevent you from recovering any compensation. Evidence like truck inspection reports, electronic logs, and witness statements can disappear quickly, so it is best to have our truck accident lawyers begin investigating your case and preserving documentation as soon as possible.

Contact a Georgia Trucking Accident Lawyer Near You

R. Alan Cleveland, LLC, fights for truck accident victims across Georgia. Our firm has recovered more than $150 million for deserving clients, including a $1.4 million settlement in a fatal truck accident case and a $360,000 settlement in another case involving severe shoulder and head injuries.

Every case matters, and every client receives our focused attention from start to finish.

If you or someone close to you suffered harm due to a trucking company’s negligence, contact R. Alan Cleveland, LLC, today for a free consultation with an experienced truck accident lawyer. We are ready to discuss your legal options and how our firm can help you pursue fair compensation in a truck accident lawsuit.