Hurt in a Georgia Truck Crash? A Freight Broker May Be Part of the Picture

Can You Sue a Freight Broker After a Truck Crash in Georgia?

If you were hurt in a truck crash, you may ask whether you can sue the freight broker too. The short answer is that it can be possible. So Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption. This page explains who can be part of a claim, how Georgia divides fault, which records matter, and which deadlines to watch.

Who Can Be Part of a Truck Crash Claim in Georgia

Several companies and people can be part of a truck crash claim, not just the driver. A typical freight chain has four links: the shipper, the freight broker, the motor carrier, and the driver.

The shipper is the business that offers the cargo for transport. The freight broker arranges the move by matching the load with a carrier. A broker usually doesn’t drive or own the truck. The motor carrier runs the truck under its own operating authority. The driver operates the vehicle.

These roles are often held by different companies. The company that owns the truck may not be the one that employs the driver. Neither may be the company that arranged the load. That split is why a claim may look at more than one party. A claim can name more than one party when the facts support it.

When a Freight Broker May Share Responsibility

Lawyers call this negligent selection. The key question is what the broker knew, or should have checked, before it hired that carrier.

Federal law reaches brokers too. Under 49 U.S.C. § 14704, a carrier or broker providing transportation or service subject to federal jurisdiction under chapter 135 is liable for damages a person sustains from its act or omission in violation of that part of federal law. In 2026, the U.S. Supreme Court addressed this kind of claim in Montgomery v. Caribe Transport. It held that a state-law claim that a broker negligently hired an unsafe motor carrier falls within the FAAAA’s safety exception and is not preempted.

Several checks bear on this question. Did the carrier have the federal operating authority it needed for the trip? Was insurance on file? What did its safety record show? Federal rules bar operating a vehicle without the required operating authority. The answers shape whether the broker’s choice was reasonable.

When a Shipper May Share Responsibility

A shipper may share responsibility when its loading or cargo decisions help cause a crash. The shipper is the business that offers the freight. Its choices about how cargo is packed, weighed, and described can matter.

Unsecured cargo is a common problem. Federal rules require that cargo be firmly immobilized or secured on or within the vehicle. If a load shifts or falls, the question is who packed, loaded, or arranged the securement.

Other problems can also contribute. A load that is too heavy for the truck or the road can add to the risk. So can cargo described wrongly on the paperwork, or hazardous freight that was not handled as required. Each of these points to the people who prepared and tendered the load.

How Georgia Divides Fault Among Several Defendants

Georgia divides fault by percentage among everyone who contributed to a crash. Each defendant then owes its own share. Under O.C.G.A. § 51-12-33, the fact-finder must consider the fault of everyone who contributed. That is true even if a person was never named in the suit.

Your own fault also reduces what you recover. The judge reduces damages in proportion to your percentage of fault (O.C.G.A. § 51-12-33; Quynn v. Hulsey (2020)). If you are 50 percent or more responsible, you recover no damages. Under O.C.G.A. § 51-12-33, if the plaintiff is 50 percent or more responsible for the injury or damages claimed, the plaintiff is not entitled to receive any damages, and otherwise the award is reduced in proportion to the plaintiff’s percentage of fault.

Georgia does not make these defendants jointly liable. Under § 51-12-33 (Quynn v. Hulsey (2020))(b), each person’s apportioned damages are that person’s own liability. They are not joint, and they are not subject to any right of contribution. So if one defendant has limited coverage, another defendant’s share does not fill that gap. Naming every party with a share of fault can matter for this reason.

A defendant can also point to someone outside the suit. Fault of a nonparty is considered if the plaintiff settled with that nonparty or if a defendant gives notice no later than 120 days before trial that the nonparty was at fault.

Records That Show What Each Company Knew or Did

The paperwork for a load, and the carrier’s own files, often show who knew what, and when. Start with the records tied to the trip itself. These include the bill of lading, the rate confirmation, the contracts between the broker and the carrier, and the insurance certificates on file.

Carrier files matter too. Under 49 C.F.R. § 391.51, a motor carrier must keep a driver qualification file for each driver it employs. It must keep that file while the driver works there and for three years after. Duty-status records have a shorter window. Under 49 C.F.R. § 395.8, a carrier must keep records of duty status and supporting documents for not less than 6 months from the date of receipt.

That short window is why early action matters. Ask that the truck’s electronic data and the crash report be preserved now. Together, these records can show the sequence of events.

Federal crash reports have limits, too. An NTSB highway accident report identifies probable causes and makes safety recommendations. It does not determine fault or liability.

Deadlines and Insurance Limits to Keep in Mind

Georgia generally gives two years to file an injury claim. Under O.C.G.A. § 9-3-33, actions for injuries to the person must be brought within two years after the right of action accrues. Loss of consortium claims have four years under the same section.

Federal insurance minimums are a second limit to know. Under 49 C.F.R. § 387.9, for-hire carriers of nonhazardous property in interstate or foreign commerce, with a gross vehicle weight rating of 10,001 pounds or more, must carry at least $750,000 in public liability coverage. These are minimums. A serious injury can cost more than the minimum coverage. That is one reason other parties in the freight chain are examined.

Under Georgia law, motor carriers of household goods, property, or passengers that seek a motor carrier certificate must carry liability insurance or qualify as self-insurers, as set out in O.C.G.A. § 40-1-112(a) and (b). Joining a carrier’s insurer in a lawsuit is a narrow step. Under O.C.G.A. § 40-1-112(c), it is allowed only in limited situations, such as when a related carrier is insolvent or bankrupt.

Next Steps After a Crash With a Small or Uninsured Carrier

If the trucking company is small or uninsured, a claim may need to look at other companies in the freight chain. Maybe a semi hit your car or truck. The carrier’s coverage is unclear, and you don’t know whether the broker or the shipper played a role.

You don’t have to sort out the freight chain on your own. You can contact T. Madden & Associates, P.C. to talk through your crash and the documents you already have. The firm handles these matters on a no-fee-unless-we-win basis. You may still be responsible for court costs and case expenses. The first consultation is free, confidential, and carries no obligation to continue.

About T. Madden & Associates, P.C. and This Page

T. Madden & Associates, P.C. is a Georgia personal injury firm that has practiced since 1999. Terance Madden is the responsible lawyer for this page. The firm has offices in Jonesboro, in Clayton County, and in Atlanta, Decatur, Macon, and Augusta.

The firm handles car and truck wrecks, motorcycle and e-bike crashes, slip and falls, nursing home abuse, medical malpractice, negligent security, and wrongful death cases. Our team works with clients across Georgia on these claims.

This page is general information, not legal advice. Reading it does not create a lawyer-client relationship. Results depend on the facts of each case, and no outcome is promised. Responsible lawyer: Terance Madden, T. Madden & Associates, P.C. Contact: tmaddenlaw.com/contact.