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Last Modified on Jan 04, 2026
If you or a loved one has been involved in a truck accident along I-75, I-285, or I-20, you may be wondering, can you sue a trucking company after a catastrophic crash in Atlanta? The simple answer is, yes, in many cases. Georgia law allows victims to file a claim against the trucking company, but whether you can depends on the details of the crash.
If you are wondering if you have a valid claim against a trucking company, you may need the assistance of an attorney. Contact attorney Stephen LaBriola, LLP, for legal support. He brings over three decades of litigation experience in wrongful death cases and is dedicated to helping the residents in our community when they are injured after a truck accident.
What Makes Employers Responsible
In 2023, 5,375 trucks were involved in fatal accidents in the U.S. In Atlanta, Georgia, a trucking company can be held liable for an accident caused by one of its drivers. Georgia Code §51-2-2 states that an employer is legally responsible if their employee causes harm while they are on the job.
This means that if a truck driver was working for the company when the accident occurred, you may be able to hold the company responsible. This law does not apply if the driver was off the clock or conducting personal business when the accident happened.
Some accidents are not necessarily the driver’s fault, although in 2022, at least one driver-related factor contributed to 33% of fatal truck crashes. You may also have a claim against the truck company for its actions. This direct liability may be due to:
- Unsafe hiring practices. They may have hired a driver with a record of unsafe driving.
- Lack of training. The trucking company may not train its drivers properly.
- Failure to maintain safe vehicles. The trucking company may not keep up with safety inspections.
- Unrealistic workloads. The company may pressure its drivers to meet certain goals, leading them to drive too fast.
Trucking companies in Georgia must follow Georgia state laws and follow safety regulations set by the Federal Motor Carrier Safety Administration. If your attorney finds that it violated these regulations, it can strengthen your truck accident case.
Determining Negligence
To have a strong case against a trucking company, you need to have supporting evidence. Depending on the circumstances of the accident, this may include:
- The driver’s logbook and their driving history
- Maintenance records for the truck
- Data from the truck’s black box
- Company safety policies and hiring procedures
- Any communication between the driver and the trucking company
In a catastrophic crash, this information can become unavailable quickly if you don’t have a skilled attorney to help you preserve it. It is also important to file your claim within the statute of limitations in the state set by GA Code §9-3-33, which gives you two years from the day the accident occurred. If you miss this deadline, you may forfeit your right to file a claim, even if it is clear that the company is liable.
Proving Liability in a Truck Accident
To achieve a successful outcome in a case against a trucking company after an accident, you need to establish several key elements to show they were negligent. These are:
- Duty of care. The company had a legal obligation to operate its trucks safely.
- Breach of duty. The company violated the duty of care by not following safety standards or regulations.
- Causation. The company’s breach directly caused your catastrophic injury.
- Damages. You must show that you suffered losses as a result of the accident.
Possible Damages in an Atlanta Truck Accident
The possible damages you can seek after a truck accident include:
- Medical expenses
- Lost income
- Loss of future income
- Pain and suffering
- Punitive damages
- Property damage
If you hire a truck accident lawyer, they can help you determine the damages you can seek.
Hire a Truck Accident Lawyer
Trucking companies and their insurers have legal teams ready to protect their bottom line. Filing a claim against one of these companies may seem daunting, which is why it is important to have an experienced Atlanta truck accident attorney by your side. Your attorney can:
- Investigate the circumstances of the accident
- Review records and evidence to determine who is liable for the accident
- Document your injuries and the harm you suffered as a result of the accident
- Negotiate on your behalf, file your claim in court, and litigate your case at trial
FAQs
What Is the Average Settlement for a Commercial Vehicle Accident in Georgia?
The average settlement for a commercial vehicle accident in Georgia varies widely depending on the circumstances of the accident. The damages paid depend on factors such as the severity of injuries, who or what company is found negligent, and the liability insurance carried by the trucking company. Settlements may cover medical expenses, pain and suffering, and possibly punitive damages.
How Long Does a Truck Accident Claim Take?
The length of time a truck accident claim takes can vary depending on the case. Straightforward cases where liability is clear have a shorter timeframe than complex cases where liability may be contested. Other factors, such as the severity of injuries, the number of parties involved, and litigation, may extend the time a case takes.
What Evidence Is Needed to File a Truck Accident Claim?
The evidence needed to file a truck accident claim includes the truck driver’s hour-of-service logs, the data from the truck’s black box or onboard computer, the cargo manifest, and police reports. You may also need the truck’s maintenance records, documentation from the scene, eye witness statements, and expert witness statements.
What Are Common Injuries in a Truck Accident?
Common injuries that result from a commercial truck accident can range from minor to catastrophic. The size and weight of the truck can cause spinal cord injuries, including paralysis, and head injuries such as traumatic brain injury. Severe burns and broken bones are also common injuries after a truck accident.
Contact an Experienced Truck Accident Lawyer
If you or a loved one has suffered catastrophic injuries in a truck accident, you should hire an attorney who is familiar with truck accident cases as soon as possible. To find out what legal options you have, contact Attorney Stephen LaBriola, LLP. He is 100% dedicated to every case he accepts and can confidently advocate for your rights.
