Can You Sue a Trucking Company for a Driver’s Mistake?

Published by 770GoodLaw | Georgia Personal Injury Law Firm
Call Us Today: (770) 214-4309

When tragedy strikes on the open road, the impact is often felt not just in crumpled metal and shattered glass, but in the lives upended by a single moment of human error. In Georgia, where interstates hum with the constant movement of commerce, truck accidents are an unfortunate yet frequent reality. If you’ve found yourself or someone you love on the receiving end of one of these collisions, the natural question that arises is this: Can you sue a trucking company for a driver’s mistake?

As with many legal questions, the answer lies in the fine details. But let’s start with this: Yes, in many cases, you can hold the trucking company legally accountable. The process, however, is rarely straightforward—and that’s where firms like 770GoodLaw step in to guide you through the legal thicket.

The Anatomy of a Trucking Accident

Commercial trucks—often weighing 20 to 30 times more than passenger vehicles—are uniquely capable of causing catastrophic harm. And unlike typical auto accidents, collisions involving trucks are governed not only by traffic laws, but also by an intricate framework of federal and state regulations.

According to the Federal Motor Carrier Safety Administration (FMCSA), driver error remains the leading cause of trucking collisions. These errors include:

• Distracted driving (texting, GPS use)

• Fatigue (in violation of hours-of-service limits)

• Driving under the influence of drugs or alcohol

• Speeding or unsafe lane changes

• Failure to yield or improper turns

But identifying a mistake is not the same as proving legal fault. For that, the law turns to the principles of negligence and liability.

Understanding Liability: More Than Just the Driver

While it’s tempting to place blame squarely on the individual behind the wheel, the legal system takes a broader view—especially in the context of commercial trucking.

1. Vicarious Liability: Holding the Employer Accountable

Under Georgia law, employers can be held responsible for the actions of their employees if those actions occurred during the course and scope of their employment. This legal doctrine, known as respondeat superior, allows victims to sue the trucking company for damages resulting from a driver’s mistake—provided the driver was not acting independently or outside their duties.

For example, if a trucker falls asleep at the wheel during a scheduled delivery route, the company may be just as liable as the driver.

2. Negligent Hiring, Training, or Supervision

In some cases, the trucking company’s own actions (or inactions) are directly at fault. Companies that cut corners may:

• Hire drivers with prior DUIs or reckless driving records

• Fail to conduct required background checks

• Skip mandated drug testing

• Provide inadequate training on handling large rigs or hazardous cargo

If these failures contributed to the crash, 770GoodLaw can build a compelling case to hold the company accountable on those grounds.

3. Third-Party Liability: Maintenance Crews, Loaders, and Manufacturers

Often, liability extends beyond the cab of the truck. Poor maintenance by outsourced service providers, improperly secured cargo, or defective brake systems can all play a role in triggering an accident.

In such cases, you may have multiple defendants, including:

• Maintenance subcontractors

• Cargo loading companies

• Vehicle or parts manufacturers

Determining fault in these scenarios requires meticulous investigation—something our legal team specializes in.

What You Need to Prove

To prevail in a personal injury lawsuit against a trucking company, Georgia law requires establishing the four elements of negligence:

1. Duty of Care: Truck drivers and their employers have a legal duty to operate vehicles safely.

2. Breach of Duty: The driver or company failed to meet that standard.

3. Causation: This failure directly caused the accident and your injuries.

4. Damages: You suffered measurable harm—medical bills, lost wages, or pain and suffering.

The Role of Evidence

Evidence in truck accident litigation is more technical and nuanced than most personal injury cases. Key sources include:

• Black box data (speed, brake use, hours driven)

• Driver logs and GPS tracking

• Employment and training records

• Inspection and maintenance reports

• Eyewitness accounts and dashcam footage

• Police crash reports and photos

At 770GoodLaw, our team moves swiftly to preserve and subpoena this critical evidence before it disappears.

The Insurance Web: What You’re Really Up Against

Most trucking companies carry commercial liability policies with policy limits significantly higher than those for standard passenger vehicles. While that sounds promising, it also means insurance adjusters and legal defense teams are incentivized to protect their bottom line—not yours.

They may:

• Shift blame to the victim or other vehicles

• Dispute the severity of your injuries

• Offer quick, low-ball settlements

This is why we advise speaking with a personal injury attorney before accepting any insurance offer. Once you sign a release, you may forfeit your right to future compensation.

What to Do After a Truck Accident in Georgia

In the immediate aftermath of a crash, your actions matter. Here’s what 770GoodLaw recommends:

1. Call 911 and ensure a police report is filed.

2. Seek medical attention, even if injuries seem minor at first.

3. Document the scene—photos, videos, witness contact info.

4. Don’t speak with the trucking company or their insurer before consulting an attorney.

5. Contact 770GoodLaw at (770) 214-4309 for a free consultation.

FAQs: Common Questions About Trucking Lawsuits

Can I sue if the driver was an independent contractor?

It depends. If the trucking company still exercised control over their work schedule, vehicle, or policies, they may still be liable. Courts look beyond job titles and evaluate the substance of the relationship.

What’s the statute of limitations in Georgia?

For most personal injury claims, you have two years from the date of the accident to file a lawsuit. However, early investigation is critical to preserving evidence and maximizing your chances of success.

What damages can I recover?

Victims may be entitled to:

• Medical expenses (past and future)

• Lost income

• Reduced earning capacity

• Pain and suffering

• Property damage

• Wrongful death benefits (in fatal cases)

Why Choose 770GoodLaw?

Our firm brings a distinct blend of legal acumen and client compassion to every case. We’ve earned the trust of Georgia families because we treat every case with the seriousness it deserves—whether it’s a minor crash or a catastrophic loss.

You’ll never be just a case number here. When you call (770) 214-4309, you speak with real people—ones who know Georgia law, understand trucking regulations, and will fight to secure the justice and compensation you deserve.

Justice doesn’t have to wait. If you or a loved one has been injured in a truck accident, contact 770GoodLaw today for a free consultation. Let us help you take the next step toward healing.

Accident?

Our team of experienced car accident professionals is ready to help you assess your case and fight for the compensation you deserve. Don’t let the negligence of others dictate your future–let us be your advocate in this challenging time. Contact us today at 770Goodlaw.