Hurt Child, Truck Crash: Understanding Georgia's Timing Rules

Georgia generally gives an injured person two years to file an injury lawsuit (O.C.G.A. § 9-3-33). The rule for minors in O.C.G.A. § 9-3-90(b) covers the child’s own claim, not every claim a family may have. This page answers the question behind a child hurt in truck crash Georgia deadline search: how the timing works, which claims can run on different dates, and what to do now.

Does the Two-Year Clock Stop for a Hurt Child in Georgia?

Georgia law provides, in O.C.G.A. § 9-3-90, that except as otherwise provided in Code Section 9-3-33.1, individuals who are less than 18 years of age when a cause of action accrues are entitled to the same time after they reach age 18 to bring an action as is prescribed for other persons.

Georgia requires actions for injuries to the person to be brought within two years after the right of action accrues, and loss-of-consortium actions within four years, as set out in § 9-3-33. Under the rule for minors in O.C.G.A. § 9-3-90(b), a person under 18 when the claim arises gets the same time after turning 18 that other people get. The statute also notes that another code section can change that result, so exceptions can apply.

The child hurt in truck crash Georgia deadline starts with one question: whose claim is it? The child’s claim is one question. A parent’s claims and any death claim are separate questions.

Waiting without knowing the dates can make it harder to act on the claims that do not pause. Writing the dates down now can help you keep track of deadlines, which continue to run. Think of the child as one claimant and the family as possibly several. Each person’s losses may follow its own timeline.

How the Minority Rule Works in Plain Terms

In plain terms, the minority rule means a child generally gets the same two years an adult gets, counted from age 18.

Take a child hurt at age nine in a truck crash. Under this rule, a child’s own claim gets the same time after the child reaches age 18 to bring an action as is prescribed for other persons, per O.C.G.A. § 9-3-90. That is a simplified example, because the exact dates and any exceptions matter.

Under O.C.G.A. § 9-3-90, the same provision covers every individual who is less than 18 years of age when a cause of action accrues, whatever that individual’s age within that group. Because the result may not be what people expect, it is worth checking the dates rather than guessing.

The rule under O.C.G.A. § 9-3-90 turns on whether the individual is less than 18 years of age when a cause of action accrues. Write down the two dates right away. Keep them with the crash paperwork, such as the police report, hospital forms and any insurance letters.

Do not treat the age rule as the final answer. The statute points to exceptions, and the facts of each crash can change how the dates work. Putting the dates in one list can make them easier to sort out.

Parents Can Have Separate Claims With Their Own Dates

A parent’s own claims are separate from the child’s claim, so they need their own timing check.

A parent or guardian may have losses of their own after a child is hurt. Examples include medical bills the parent paid, time away from work, and other costs of caring for the child.

The minority rule is written around the person who was under 18. Families should not assume it covers a parent’s claims.

Waiting until the child turns 18 before checking the parent’s own dates is a mistake worth avoiding. List each person’s losses separately, with its own date of injury and its own paperwork. Keep a simple record of every bill and lost paycheck, and note who paid each one. Medical bills raise their own proof questions, which we cover in the damages section below.

When a Child Dies in a Truck Crash, the Claim Changes

If a child dies, the family’s claim is a wrongful death claim, which follows different rules than an injury claim.

The right to recover for the homicide of a child follows other Code sections that say who may recover, as stated in O.C.G.A. § 51-4-4. When no one is entitled to bring the action under those sections, O.C.G.A. § 51-4-5(a) allows the administrator or executor to bring it for the next of kin. The recovery is the full value of the life of the decedent.

When death results from a crime or from criminal or other negligence, the personal representative may recover funeral, medical and other necessary expenses, as provided in Georgia’s wrongful death statute, § 51-4-5(b).

Write down the date of death and raise the timing questions early. Wrongful death cases often involve several family members and possibly more than one at-fault party. That can make the timing questions more involved.

Why Truck Crashes Add Pressure on Timing

Truck crash cases depend on company records, and federal rules say how long some of those records must be kept.

Federal rules also limit driving time. Under § 395.3(a) of the federal hours-of-service regulations, a driver may not drive without first taking 10 consecutive hours off duty. The driver also may not drive after 14 consecutive hours following that off-duty period, and may drive 11 hours in total during that period.

Under § 395.3(b) of the federal hours-of-service regulations, no motor carrier shall permit or require a driver to drive, and no driver shall drive, after having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week, or after having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week. Which limit applies depends on whether the carrier runs trucks every day of the week.

These limits matter because a driver’s logs show hours on duty and driving. Companies subject to this part must retain records for the minimum retention periods provided in appendix A to this part, as stated in § 379.3 of the federal records-retention rules. After the required retention periods, the records may be destroyed at the discretion of each company’s management, but this does not excuse compliance with the lawful requirements of any other governmental body that prescribes longer retention periods for any category of records. Under § 379.3 of the federal records-retention rules

A truck crash can involve the driver, the trucking company and others. Each party may raise its own questions about timing and proof.

What Changes the Answer: The Facts That Matter Most

The child’s birth date, the crash date and the kind of defendant decide which clock applies to each claim.

Start with the child’s exact date of birth and the exact date of the crash. Under O.C.G.A. § 9-3-90, an individual who is less than 18 years of age when the cause of action accrues gets the same time after reaching 18 to bring an action as is prescribed for other persons, except as otherwise provided in Code Section 9-3-33.1.

Government involvement can shorten the notice window. If a city is involved, O.C.G.A. § 36-33-5(b) requires the claim to be presented in writing to the city’s governing authority within six months of the event, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury.

If the state is involved, O.C.G.A. § 50-21-26(a) requires written notice of the claim within 12 months of when the loss was discovered or should have been discovered. No action against the state can begin until a timely written notice is presented.

Finally, check whether a claim has already been filed and who the claim belongs to. A parent’s claim, a child’s claim and a death claim can each change the answer.

How Damages Can Affect a Child’s Claim

In Georgia, medical expenses in an injury claim are limited to the reasonable value of medically necessary care, under O.C.G.A. § 51-12-1.1(b).

Some families get care under a letter of protection, an arrangement in which a healthcare provider gives treatment in exchange for a promise of payment from any judgment or settlement. Under O.C.G.A. § 51-12-1.1(d), for claims rendered under a letter of protection or similar arrangement, the letter, all itemized charges, any referral information, and, if the provider sells the accounts receivable to a third party at less than the invoice price, the third party’s name and the dollar amount it paid are relevant and discoverable.

Fault also matters. Under O.C.G.A. § 51-12-33(a), damages are reduced in proportion to the plaintiff’s percentage of fault. Under O.C.G.A. § 51-12-33(g), a plaintiff who is 50 percent or more responsible for the injury or damages claimed is not entitled to receive any damages.

Keep the child’s medical records, bills and notes on how the injury affects daily life. Those details shape what a claim can include.

Steps Families Can Take Now

The most useful step right now is to write down the key dates and keep the paperwork in one place.

• Write down the child’s date of birth, the date and place of the crash, and the names of everyone involved.
• Keep the police report number, photos, hospital discharge papers and bills together.
• Keep a simple log of the child’s symptoms, treatment visits and missed school days.
• If a city or state vehicle was involved, note it now, because notice windows can be short.

Quick answers to common questions

Talk With T. Madden & Associates About Your Child’s Situation

If you are trying to protect a child’s claim after a truck crash, you do not have to sort out the dates alone.

Our team can start with three things: when the crash happened, the child’s date of birth, and who the claims belong to. Terance Madden is the responsible lawyer for this page. T. Madden & Associates, P.C. has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta.

Our first consultation is free, confidential and carries no obligation to continue. The firm works on a no-fee-unless-we-win basis, but the client may still be responsible for court costs and case expenses.

Bring the dates you wrote down, the crash paperwork and any notes you have kept. That is enough to start a useful conversation.

To start a free case evaluation, use the contact form on our website.