Getting into a car accident with a commercial vehicle is always complicated when it’s time to ask for damages. However, a new law in Georgia — SB426 — is changing the process even more when it comes to trucking companies, drivers and insurance companies by establishing rules for who you can name in a lawsuit.
This will have significant repercussions for the victims of accidents where a commercial truck driver/trucking company is at fault.
How truck accident-related lawsuits worked previously
Prior to SB426 passing, when an individual was in an accident with a commercial truck, and the truck driver or trucking company was at fault, the victim could file a lawsuit directly against the trucking insurance company. They weren’t even required to name the driver or the trucking company as the defendant to pursue compensation.
This process gave truck accident victims a more reliable way to obtain compensation. It gave them access to the funds available through the insurance company — typically more than would be available from the trucking company alone. It also prevented complications resulting from the trucking company attempting to evade responsibility in any way.
Why the law has changed
Since it’s now easier to locate people and hold them accountable, thanks to the internet, pursuing compensation directly from the sources of a trucking accident — the driver or the trucking company itself — isn’t as difficult as it used to be. This led the law to change to target these sources first, rather than bypassing the driver or the trucking company and going straight for the insurance company.
SB426 bars direct lawsuits against trucking insurance companies in almost all instances. The only situations where an insurance company can now be added to a lawsuit is if the trucking company involved has gone bankrupt or the company or driver cannot be found.
This law is effective for any truck accidents occurring after July 1, 2024. While a victim will typically still seek compensation from the trucking insurance company, they can no longer name the insurance company in a lawsuit.
Why it’s hard to prove negligence after a truck accident
Compounding the impact of this new law is the fact that it already requires a lot of work to establish the full culpability of truck drivers and trucking companies in relation to a trucking accident. While the driver may easily be assigned fault due to speeding or aggressive driving, distracted driving, driving under the influence or failing to adhere to signs/use proper caution, it’s harder to show an accident occurred because of an additional factor such as:
- Too much cargo
- Cargo loaded improperly
- Improper inspection of vehicle
- Improper hiring or training of drivers
- Driver not taking the legally required amount of breaks
Working through these issues and following the proper legal processes for a lawsuit make this a complicated case. Having a dedicated legal team to support and guide you through it can make all the difference.
Get the compensation you deserve with the right support
At Watson Injury Law, we understand the latest laws impacting accident victims and are fully confident in navigating the complexities of your case. Should you find yourself in an accident with a commercial truck, and are uncertain what to do next, contact us for a free consultation. We’ll fight for the compensation you deserve.