Georgia Truck Accident Lawsuits: Laws, Deadlines and Compensation

A Georgia truck accident lawsuit is a civil claim against the driver, trucking company or another liable party to recover damages. If you are injured in a truck accident in the state, you might be eligible to file a claim depending on the cause of the accident.

Two important state laws dictate whether you can file a truck accident lawsuit in Georgia. These include Georgia’s comparative negligence law and the statute of limitations.

Georgia truck accident laws can be complicated, but Consumer Notice can help. When you sign up for a free case review, we’ll connect you with a legal partner who is currently accepting Georgia truck accident cases.

In Georgia, you usually have two years from the date of the truck accident to file a lawsuit. This is the state’s statute of limitations according to O.C.G.A. § 9-3-33. The same law restricts filing a wrongful death claim to two years from the crash date and gives minors two years from the date they turn 18 to submit a claim.

Filing a truck accident lawsuit involving a government vehicle has shorter time limits. You must give an ante litem notice, which is a document telling the government that you intend to file a lawsuit, to the Risk Management Division of the Department of Administrative Services within 12 months of the crash. A claim against a Georgia city requires an ante litem notice of claim within six months. These rules are separate from the deadline for filing a lawsuit.

Georgia’s statute of limitations for personal injury claims can be complicated. If you miss a deadline, the law may permanently bar you from filing a claim. Make sure to contact a truck accident lawyer immediately to protect your legal right to file.

According to O.C.G.A. § 51-12-33, which is Georgia’s comparative negligence law, you can’t recover damages for injuries you sustained in a trucking accident if you are 50% or more at fault. This is stricter than Florida’s 51% bar.

If you are less than 50% responsible, any compensation you recover is reduced by the percentage you are at fault. For example, if you receive a $100,000 award, it would be reduced to $80,000 if you are 20% at fault.

Trucking accidents can be complicated when there are multiple defendants, such as the truck driver, the trucking company owner or a cargo loader. Defendants blaming other parties to push a claimant’s assigned share of responsibility to the 50% threshold may make fault apportionment highly contested. A lawyer can help ensure blame isn’t unfairly assigned to the injured party.

In a Georgia truck accident, the driver may not be the only one at fault. Other liable parties could include the trucking company, maintenance contractor, cargo loader or even a parts manufacturer.

Distracted driving, improper cargo loading and mechanical failures often cause truck accidents. In Georgia, truck drivers losing control of their vehicles was the leading cause of single-vehicle crashes.

Make sure you speak to an experienced Georgia truck accident lawyer who can make sure all liable parties are included in your claim.

According to the most recent report from Georgia’s Governor’s Office of Highway Safety, 244 people were killed and 617 suffered serious injuries in crashes involving large trucks in 2021. Large trucks were involved in 222 fatal crashes that year.

Overall, large-truck fatalities in Georgia rose 59% over the previous decade (2012 to 2021). Roughly 76% of people killed in large truck crashes in Georgia were occupants of other vehicles, not the truck, and 86% of these accidents involved multiple vehicles. Additionally, 92% of serious injuries and 86% of all fatalities that involved large trucks occurred in multi-vehicle crashes.

Major freight routes in Georgia include I-75, I-20 and I-285. Many Atlanta truck accidents occur because the city’s role as a transportation and logistics hub places commercial trucks alongside commuters and visitors on heavily traveled roads. In fact, I-75 runs north-to-south through Georgia and passes through Atlanta. It is one of the busiest trucking corridors in the United States.

If you file a Georgia truck accident lawsuit, compensation may include economic and non-economic damages. Economic damages can help with medical bills, future care, lost income and property damage. Non-economic damages could include pain, emotional distress and loss of enjoyment of life.

Georgia also allows punitive damages in cases involving willful misconduct, malice or other actions that suggest a lack of care. Punitive damages aim to punish the defendant for extreme negligence.

If you want to file a truck accident lawsuit in Georgia, you should contact an experienced lawyer to help you navigate the process. Lawsuits are usually filed in the superior or state court in the county where the defendant lives or in federal court if the trucking company is based out of state. However, cases against out-of-state defendants may be subject to different rules.

If the city or state owns the truck involved in the crash, make sure you give proper notice within the applicable deadlines so the court does not bar you from filing a lawsuit. A lawyer can help you meet these deadlines.