A motorist involved in a trucking accident in DeKalb County, Georgia suffered severe injuries to his arm and can no longer work. Under a law that had been created to close a loophole that could allow out-of-state trucking companies to escape liability, the jury was allowed to consider the direct liability of the South Carolina trucking company.
Generally Georgia law protects insurers from being named in lawsuits with those they insure because disclosure of insurance coverage can be highly prejudicial. However, the Direct Action Statute at O.C.G.A. 46-7-12 does permit such lawsuits. The statute requires in-state trucking companies to file certificates of insurance with the Public Service Commission. Because there is no such governance for out-of-state companies the legislature allowed direct action against trucking companies in the law.
Trucking accidents are different from car accidents and require specialized expertise to navigate through the specific laws and rules, both Federal and State, that govern trucking companies and their drivers. If you are involved in a trucking accident and have questions about your rights, please give us a call. We are experienced trial attorneys who work hard to deliver the very best results for their clients.
