Georgia Truck Accident Lawyer

Who may be responsible for a truck crash

• The truck driver, for unsafe driving such as speeding, distraction, fatigue or impairment.
• The motor carrier (trucking company). A company is generally responsible for an employee's negligence on the job (O.C.G.A. § 51-2-2), and it may also face claims based on its own conduct, such as how it hired, trained, supervised or retained drivers or maintained its trucks. Whether the driver was an employee or an independent contractor can change the analysis (O.C.G.A. §§ 51-2-4, 51-2-5).
• Owners or lessors of the truck or trailer, and maintenance or repair companies, if their work or equipment contributed to the crash.
• The shipper or loading company, if improperly loaded or secured cargo played a role.
• A freight broker, in some cases. A broker arranges the shipment and chooses the trucking company; it does not usually own the truck or employ the driver. Whether a broker can be held responsible depends on the facts and on state law, as explained below.

Freight brokers after the Supreme Court's 2026 decision

In Montgomery v. Caribe Transport II, LLC (decided May 14, 2026), the U.S. Supreme Court unanimously held that a federal trucking law, the Federal Aviation Administration Authorization Act, does not preempt a state-law claim that a broker negligently selected an unsafe motor carrier whose truck caused injury. That claim falls within the law's safety exception (49 U.S.C. § 14501(c)(2)(A)).

The decision means these claims are not blocked by federal law. It does not make brokers responsible for every crash. A claim still has to succeed under state law: what the broker knew or should have known about the carrier, whether its choice was unreasonable, and whether that choice contributed to the crash. The ruling addressed only the federal preemption question for interstate shipments; it did not decide claims about purely intrastate shipments, and how Georgia courts will apply these claims is still developing.

Federal safety rules that often matter

The Federal Motor Carrier Safety Regulations apply to many, but not all, commercial trucks. A violation can be evidence of negligence, but whether a rule was broken and whether it caused the crash are separate questions. Rules that often matter include:

• Hours of service. Property-carrying drivers generally may not drive more than 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty, and need a 30-minute break after 8 hours of driving, with weekly limits as well (49 C.F.R. § 395.3).
• Driving-hour records. Carriers must keep drivers' records of duty status and supporting documents for at least six months (49 C.F.R. § 395.8(k)).
• Driver qualification files, generally kept while the driver works for the carrier and for three years afterward (49 C.F.R. § 391.51).
• Inspection, repair and maintenance records, kept for one year and for six months after the vehicle leaves the carrier's control (49 C.F.R. § 396.3).
• Post-crash alcohol and drug testing of the driver after a fatal crash, and after certain injury or tow-away crashes in which the driver is cited (49 C.F.R. § 382.303).

Evidence that may matter

Some evidence in a truck case can be lost if no one asks for it to be preserved early. Depending on the crash, it may include:

• Electronic logging device (ELD) data and other hours-of-service records.
• Engine and telematics data, dashcam video and dispatch messages.
• The driver qualification file, training records and post-crash test results.
• Inspection and maintenance records for the truck and trailer.
• Shipping and loading documents, the police report, scene photographs and witness statements.

Shared fault in Georgia

Georgia compares fault. A jury can assign a percentage of responsibility to you and to each company involved, and any share assigned to you lowers your award. A share of 50 percent or more bars recovery entirely (O.C.G.A. § 51-12-33). Trucking companies often argue that the other driver contributed, which is one more reason the records matter.

Insurance and compensation

• Federal rules require for-hire interstate carriers hauling general freight in trucks of 10,001 pounds or more to carry at least $750,000 in liability coverage, with higher minimums for certain hazardous materials (49 C.F.R. § 387.9).
• For claims arising on or after July 1, 2024, Georgia generally allows a motor carrier's insurer to be sued directly only in limited situations, such as when the carrier is insolvent or bankrupt or the driver or carrier cannot be served (O.C.G.A. § 40-1-112; see also § 40-2-140 for intrastate carriers).
• Your own uninsured/underinsured motorist coverage may also apply, depending on the policy (O.C.G.A. § 33-7-11).
• Compensation can include medical expenses, lost income and pain and suffering. Punitive damages are available only in limited circumstances and, in most cases, are capped at $250,000; the cap does not apply where the defendant acted with specific intent to cause harm or while impaired by alcohol or drugs (O.C.G.A. § 51-12-5.1).

Legal update: proving medical expenses after April 21, 2025

Serious truck injuries often mean large medical bills, so a 2025 change matters here. For injuries on or after April 21, 2025, medical-expense damages are limited to the reasonable value of medically necessary care, and the evidence can include what your health insurance would pay to satisfy the bills as well as the billed amounts, whether or not you used the insurance (O.C.G.A. § 51-12-1.1). Injuries before that date follow the prior rule.

Deadlines

The usual deadline to file an injury lawsuit in Georgia is two years from the crash (O.C.G.A. § 9-3-33); a property-damage claim for your vehicle generally has four (O.C.G.A. § 9-3-31). Some truck crashes involve public vehicles or roads, such as a city sanitation truck or a state-maintained highway, and those claims require earlier written notice: six months for a city (O.C.G.A. § 36-33-5), and 12 months for a county (O.C.G.A. § 36-11-1) or the State (O.C.G.A. § 50-21-26). Exceptions can change these periods, so check early.

What to do after a truck crash

• Get medical care right away and keep every follow-up appointment.
• Call 911 or local police so an official crash report is made, and keep the report number.
• If you can do so safely, photograph the scene, the vehicles, the trucking company's name and DOT number on the cab, and the trailer number.
• Collect names and phone numbers of witnesses.
• Trucking insurers and company representatives may call quickly. You do not have to give them a recorded statement, and it helps to talk with a lawyer first.
• Contact a lawyer promptly so preservation requests can go out while records still exist.

How SinghToro Law can help

We investigate how the crash happened, identify every company that may share responsibility, request that key records be preserved, document your injuries and losses, and deal with the insurers. Our principal attorney, Vishay Singh, Esq., is admitted to the Georgia Bar, and his practice focus includes trucking and commercial vehicle claims.

Your first consultation is free and confidential. We are paid on a contingency fee, so you owe no attorney's fee unless there is a recovery.