3 Unique Reasons to File Tractor Trailer Wreck Cases in Georgia

Lawyers who handle interstate tractor-trailer truck wreck cases anywhere in the United States know that there are often several venue options. Discussion of all the jurisdiction and venue issues is beyond the scope of this article. But if Georgia is on the list of venue options, here are three unique features to consider.

See also our truck accident information center and information on concrete mixer truck accidents, dump truck accidents, log truck accidents, tire-and-wheel-off truck accidents, truck accidents in bad weather, and reasons to file a truck accident case in Georgia.

FAQ: What is the unique way to recover litigation expenses in Georgia, including contingent attorney fees due to violation of mandatory safety rules?

An 1863 Georgia statute, O.C.G.A. § 13-6-11, allows recovery of litigation expenses if the defendant acted in bad faith in the underlying transaction. Court decisions have applied this code section so that violations of mandatory safety rules, ranging from fire safety ordinances to Federal Motor Carrier Safety Regulations, may be considered by the jury as evidence of bad faith. This is presented in the case in chief under a preponderance-of-the-evidence standard and may include the plaintiff’s entire contingent attorney’s fee and litigation expenses.

FAQ: What is direct action against a motor carrier’s insurance company in Georgia?

Georgia has long allowed people injured in wrecks involving intrastate trucking companies to sue the trucking company’s insurer directly, either alone or in the same lawsuit with the trucking company and the truck driver. To include both the motor carrier and the insurance company in the same lawsuit, it is necessary to have independent grounds for venue in the same county over both.

FAQ: Is there a possibility of increased UM coverage for injured truck drivers?

Truck driving is among the most dangerous occupations. We often represent truck drivers who are seriously injured, and the families of truck drivers who are killed. When the driver of a smaller vehicle causes a major crash that injures a truck driver, inadequate liability insurance coverage is often a significant problem.

In McGraw v. IDS Property & Cas. Ins. Co., 744 S.E.2d 891, 2013 WL 3215464 (decided 6/27/2013), the Georgia Court of Appeals applied in the commercial vehicle context OCGA § 33–7–11(a)(1). This statute, passed in 2008, requires that automobile insurance policies include Uninsured Motorist (UM) coverage equal to the amount of liability coverage unless the policyholder affirmatively elects UM coverage in a lesser amount. If a trucking company’s insurance application for a policy “issued or delivered” in Georgia does not include a signed election of UM coverage equal to liability coverage, then there is the prospect of UM coverage equal to the liability limits. In the interstate trucking context, that is at least $750,000 and often $1,000,000 or more. One may expect a fight over access to the policy application files, but it may be a battle worth fighting for seriously injured truckers and the families of truckers killed in crashes.

Johnson & Ward, established in 1949, was Atlanta’s first personal injury specialty law firm. Call today at (404)253-7862 to schedule a free consultation. We handle car and truck accidents, falls, and serious injury claims, and we only get paid if we win.

Reviewed February 23, 2023 by:

Ken Shigley, senior counsel, former president of the State Bar of Georgia, was the first Georgia lawyer to earn three board certifications from the National Board of Trial Advocacy: Truck Accident Law, Civil Trial Practice, and Civil Pretrial Practice. He was the lead author of eleven editions of Georgia Law of Torts: Trial Preparation and Practice, and received the Traditions of Excellence Award from the State Bar of Georgia General Practice and Trial Section. B.A., Furman University; J.D., Emory University Law School; Certificates in mediation and negotiation, Harvard Law School.

John Adkins, managing partner, experienced in personal injury law, including auto accidents, truck accidents, wrongful death, workers’ compensation, premises liability claims, dangerous or defective products, medical malpractice and related Plaintiff’s tort litigation. B.A., magna cum laude, Kennesaw State University; J.D., Thomas Jefferson Law School.

Ed Stone, partner, personal injury law, including truck accidents, auto accidents, wrongful death, workers’ compensation, premises liability claims, dangerous or defective products, medical malpractice, and related Plaintiff’s tort litigation. B.B.A., Kennesaw State University; J.D., John Marshall Law School.