Have you been injured in a truck accident in Georgia? If the carrier is headquartered out of state, you might wonder whether you can pursue a claim against it and, if so, where you should file the claim.
Your right to sue a trucking company in a personal injury lawsuit depends on several factors, including how quickly you act. You should speak with a knowledgeable trucking accident lawyer as soon as possible to learn about your legal options for pursuing compensation for your injuries and losses.
What Is Georgia’s ‘Direct Action’ Statute?
Georgia’s “direct action” statute, or Ga. Code § 46–7–12, governs the insurance of trucking companies in the state. The law provides that no trucking company can receive a motor carrier certificate unless it files a certificate of insurance with the state. The statute expressly permits a person to sue the trucking company and its insurer after a crash.
The statute provides an exception to Georgia’s standard rule prohibiting an injured accident victim from filing a lawsuit directly against a third-party insurance company. By default, a third-party insurance company’s liability for an accident extends only to the maximum policy limit in the policy issued to the at-fault trucking company. So, the statute allows an injured truck accident victim to name both the trucking company and its insurance company in a truck accident lawsuit.
This statute can play an essential role in truck accident claims. Traditionally, a jury in a personal injury lawsuit may not hear evidence that a defendant has liability insurance that would pay a judgment. This ban is intended to avoid influencing jurors to issue a verdict against a defendant since payment for the judgment will come from an insurance company rather than the defendant’s pockets.
Thus, the direct action statute means that a jury will know that a trucking company defendant has insurance since the plaintiff can name the company’s insurer as a co-defendant. Jurors may subconsciously feel more inclined to issue a more significant verdict, knowing the insurance will pay for it.
Will I Sue the Trucking Company, Driver, or Insurance Company?
Your right to sue a truck driver, trucking company, or insurer will depend on many factors. For example, a trucking company’s liability for a truck crash may rely on its employment relationship with an at-fault driver. Some trucking companies hire drivers as independent contractors, which means the trucking company will not have employer liability for a crash caused by the driver’s negligence. However, if the trucking company employs an at-fault driver, an accident victim can file a vicarious liability claim against the company.
In some cases, a trucking company’s negligence will directly cause or contribute to an accident. For example, a trucking company may negligently hire truck drivers whose history and driving record indicate they will pose a substantial risk of causing an accident.
Trucking companies may also cause accidents by encouraging or ordering their drivers to engage in negligent or reckless behaviors, such as speeding or disregarding hours of service restrictions. Crashes can also occur when trucking companies defer maintenance or repairs for their vehicles, leading to mechanical failures that may cause trucks to veer out of control.
Georgia law allows you to name the trucking company’s insurer in your lawsuit when you have a viable legal claim against a trucking company, regardless of whether you based the claim on direct negligence or employer liability. So, when the truck driver is responsible for causing the accident, you can name all three parties as defendants in a Georgia truck accident lawsuit.
Your personal injury lawsuit may also include other parties whose carelessness or recklessness contributed to causing the accident, such as shipping companies, truck owners, mechanics, and truck manufacturers.
Where Should I File My Trucking Accident Lawsuit?
Georgia law allows a plaintiff to file a trucking accident lawsuit in the county where the accident occurred to recover medical expenses, lost wages, pain and suffering, and other damages brought on by their serious injuries. Plaintiffs may also file lawsuits to recover compensation in the county of a defendant’s residence.
If you sue a commercial trucking company located outside of Georgia, you may file the lawsuit in a county other than where the accident occurred if another defendant in the case resides in the state. You may file a lawsuit in the resident defendant’s county. However, if the resident defendant gets dismissed from the case, it will transfer to the county in Georgia where the accident occurred.
In most cases, due to easier access to evidence and witnesses, a victim will file a trucking accident lawsuit in the county where the crash occurred.
Does Georgia Have a Time Limit for Filing a Truck Accident Claims?
Under Georgia’s statute of limitations on injury claims, or Ga. Code § 9-3-33, you typically have to sue a trucking company within two years after a truck crash. However, you can put yourself in the best chance for success in your injury case by speaking with a trucking accident lawyer as soon as possible after a crash. It takes time to gather and review accident scene evidence, medical records, insurance policies, and other information after a crash. If you fail to act quickly and file a claim after the limitations period expires on your claim, you may lose the right to hold the trucking company accountable for your harm and losses.
Contact a Georgia Truck Accident Attorney Today
If you’ve been hurt in a truck accident in Georgia involving a vehicle operated by an out-of-state carrier, you need an experienced attorney to take legal action and protect and pursue your rights and options. Spiva Law Group has over four decades of experience advocating for the rights of injured victims.
We have secured over $500 million in compensation for clients in Savannah and throughout Georgia. Because we focus exclusively on catastrophic injury cases, we have the knowledge and insight necessary to tackle the legal challenges faced by victims of life-altering injuries.
To learn more about seeking compensation from an out-of-state trucking company after a crash and discuss the specific facts of your case, contact us today and receive a free consultation.
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