Georgia Truck Accident Lawyer: How Long Cases Take

Why there is no single answer to how long a Georgia truck case takes

A Georgia truck accident case takes as long as its facts and medical course require. Some claims settle through talks with insurers. Others become lawsuits that move through discovery and, sometimes, trial. Either path can take a different amount of time in each case.

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

For broader background, read our Georgia truck accident guide. This guide walks through the stages of a claim and the factors that speed up or slow down each one.

The stages of a Georgia truck accident claim

Most truck claims move through the same stages: investigation, medical treatment, a demand to the insurers, and, if needed, a lawsuit. Each stage usually depends on the records and facts the one before it produces.

Investigation comes first, and timing matters here. Trucking companies hold records that can be lost. Federal rules require carriers to keep a driver’s records of duty status for at least six months from the date of receipt, under 49 C.F.R. § 395.8. Federal drug and alcohol testing rules also apply after qualifying crashes, as the FMCSA testing rules explain. Requests for the crash report, photos, and witness names should start early.

Medical treatment comes next. A claim is hard to value until the injured person’s condition becomes clearer. Treatment records and bills form the core of the demand.

The demand package then goes to the insurers involved. Negotiation can resolve the claim at this stage. If it does not, a lawsuit is filed in court. Discovery follows, which is the formal exchange of documents, written questions, and depositions (sworn testimony taken outside the courtroom). Mediation or settlement talks can happen during this phase. Trial comes only if the case is still unresolved.

Factors that tend to make a truck case take longer

Several factors add time: multiple at-fault parties, disputed fault, ongoing injuries, and records that take time to obtain. The court’s calendar matters too once a case is filed.

A truck crash often involves more than one party, such as the driver, the carrier, or a maintenance company. Each may have its own insurer. Under O.C.G.A. § 51-12-33, the trier of fact must consider the fault of everyone who contributed to the injury, whether or not they were named in the suit. A defendant may also give notice that a nonparty was at fault no later than 120 days before trial. Each person’s share of damages is that person’s own liability, not joint liability. Sorting out those shares takes time.

Disputed fault adds time as well. Georgia reduces an award by the plaintiff’s percentage of fault under the same statute (O.C.G.A. § 51-12-33; Quynn v. Hulsey (2020)). A plaintiff who is 50 percent or more responsible recovers no damages. When each side blames the other, building proof of fault takes longer.

A trucking company’s insurer cannot always be added to the lawsuit. Under O.C.G.A. § 40-1-112, the insurer may be joined only in limited cases. Those include when a related carrier is insolvent or bankrupt, or when the driver or carrier cannot be served after reasonable diligence.

Records also take time. Under 49 C.F.R. § 391.51, a driver qualification file is kept for as long as the driver is employed by that carrier and for three years after, except that certain records may be removed from the file three years after they are executed. Requesting and reviewing these files takes time.

Georgia’s filing deadline and how it shapes the timeline

Georgia personal injury lawsuits generally must be filed within two years after the right of action accrues, under O.C.G.A. § 9-3-33. Actions involving loss of consortium have four years under the same statute.

Claims against a state government entity follow a different track. Under O.C.G.A. § 50-21-26, written notice of the claim must be given within 12 months of when the loss was discovered or should have been discovered. Because these rules differ, the deadline in a specific case should be checked early.

A claim still in talks near the deadline may need written notice of the claim given to protect it, even while negotiations continue; no action may be commenced until the Department of Administrative Services has denied the claim or more than 90 days have passed after notice was presented, whichever occurs first. Family members of someone who died in a truck crash should check the deadline early as well. Missing a deadline can end a claim regardless of its merits.

Settling versus going to trial

Settlement usually comes sooner than trial. It tends to become realistic once the medical picture is clear and insurers have the records they need. A settlement is a negotiated resolution the injured person chooses to accept. A trial result is decided by a judge or jury.

Trial adds steps: filing, discovery, pretrial motions, and the court’s schedule. Georgia also allows a separate-phase trial. Under O.C.G.A. § 51-12-15, in an action to recover damages for bodily injury or wrongful death, any party may elect, by written demand prior to the entry of the pretrial order, a trial in which the trier of fact first determines the fault of each defendant and the percentages of fault of all persons or entities that contributed to the injuries or death. If any defendant is found at fault, a second phase follows immediately with the same judge and jury to determine compensatory damages. The court may reject that election only upon a motion opposing it and a determination that the plaintiff (or, where the plaintiff is a minor’s legal guardian, the minor) was injured by an alleged sexual offense and would be likely to suffer serious psychological or emotional distress from testifying more than once in a bifurcated proceeding, or that the amount in controversy is less than $150,000.00.

Medical bills can affect settlement too. Which path a case takes depends on the facts of that case.

How fees and case costs work while a claim is pending

The firm offers a free first consultation that is confidential and carries no obligation to continue. The firm works on a no fee unless we win basis, so its fee comes only from a recovery, but the client may still be responsible for court costs and case expenses.

Ask how costs will be handled before you decide on representation. Get the answers in writing. Ask what happens to costs if the case settles, goes to trial, or does not produce a recovery.

What to keep track of while you are deciding what to do

Keep the crash report, photos, witness names, medical records, bills, and every letter from an insurer. These documents shape how quickly a claim can move.

Write down missed work and out-of-pocket costs with dates and receipts. Note the date of the crash, because it starts the Georgia filing clock described above. Write down what you remember about the crash while it is fresh, including the time, the location, and the road conditions.

If you are sorting out the timeline for your own injury, or for a family member after a truck crash, reach out for a free, confidential first consultation with T. Madden & Associates, P.C. to talk through the deadline and what your case may involve. Responsible lawyer: Terance Madden.