Hurt by a Careless Driver Who Works for a Trucking Company? Talk to Us.

Can I sue a trucking company for hiring a bad driver in Georgia? In many cases, yes. That claim is separate from the claim against the driver. If you’re asking this for an injured family member, you’re not alone in it. This page explains how these claims work, what records matter, and the deadlines that apply. T. Madden & Associates, P.C. has practiced in Georgia since 1999.

Yes, a Trucking Company Can Be Sued in Georgia for Its Own Negligence

A trucking company can be a defendant for its own failures, apart from how the driver handled the truck. The claim looks at the company’s choices. Who did it put behind the wheel? What did it do about problems it knew about?

Georgia makes a person liable for torts committed by a servant “in the prosecution and within the scope of his business,” under O.C.G.A. § 51-2-2. That covers the driver’s conduct.

This claim is not limited to the moment of the crash. It can look at years of hiring, monitoring, and record-keeping. It may matter to:

• Injured drivers and passengers
• Pedestrians and other motorists hurt in the crash
• Families of people killed in a crash with a commercial truck

Each case turns on who made the decisions and what they knew.

What a Georgia Negligent Hiring, Retention, or Supervision Claim Has to Show

A pattern of speeding violations followed by a speed-related crash has a clear link.

Proof usually comes from paper. The company’s records of what it knew, and what it did about it, matter as much as the crash.

Records That Show What the Company Knew, and When the Truck Was Unsafe

Company records can show what a carrier knew and when it knew it. Federal rules require motor carriers to keep several of these records.

• See 49 C.F.R. § 391.51.
• Prior employer checks: a written record of each previous employer contacted. Failures to get safety history must be documented. See 49 C.F.R. § 391.23.
• Duty status and logs: drivers must record duty status, and carriers must use electronic logging devices. See 49 C.F.R. § 395.8. Under federal driver qualification rules, a motor carrier must investigate each driver it employs, other than a person who has been a regularly employed driver of the motor carrier for a continuous period which began before January 1, 1971, safety performance history with Department of Transportation regulated employers during the preceding three years.
• Drug and alcohol records: these must be kept in a secure location. See 49 C.F.R. § 382.401.
• Training, supervision, and discipline notes: or the lack of them.

When the truck itself was unsafe, maintenance records matter. Carriers must inspect, repair, and maintain their vehicles, and keep parts like brakes, steering, and tires in safe condition. See 49 C.F.R. § 396.3. Ask whether a known defect was fixed before the trip.

Who Can Be Held Responsible in a Georgia Truck Crash

Several parties can share responsibility. It depends on who controlled the driver, the truck, and the trip. Possible parties include the driver, the motor carrier, the truck owner, a leasing company, and sometimes a broker or maintenance provider.

Georgia splits fault by percentage. Under O.C.G.A. § 51-12-33, each liable person pays only its own share, and the damages are not joint liability. If the injured person is 50 percent or more responsible, that person recovers no damages.

Punitive damages are a separate question. Under O.C.G.A. § 51-12-5.1, they require clear and convincing proof of willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. They punish and deter. They do not compensate the injured person. Whether they apply depends on the facts.

Time Limits and Early Steps That Protect a Georgia Claim

Georgia generally gives two years to sue for injuries to the person (O.C.G.A. § 9-3-33; Kenneth B. Cameron v. Jmp Pizza, Inc (2026)). Some claims have other periods, and exceptions exist.

Under O.C.G.A. § 9-3-33, these actions must be brought within two years after the right of action accrues. Loss of consortium claims have four years under the same statute.

Waiting can cost evidence. Carrier records are kept for set periods, and some can be removed after those periods end. Early steps help:

• Keep the crash report, photos, and the names of the driver and company.
• Get medical care and keep every record.
• Track lost wages and out-of-pocket costs.
• Talk with a lawyer before a recorded statement or early settlement offer. The insurance adjuster works for the insurer, not for you.

What to Expect: Process, Timeline, and How the Fee Works

A case usually starts with a free first consultation. Then come records requests, an evaluation, and a claim or lawsuit.

1. Free first consultation. The firm reviews the crash, your injuries, and any known driver or company history. The first consultation is free, confidential, and has no obligation to continue.
2. Investigation. The firm requests records from the carrier and may send a preservation demand where records could be lost.
3. Liability review. The facts are reviewed against the driver, the company, and any other party.
4. Demand or suit. A demand goes to the insurer. If needed, a lawsuit is filed.

Timelines vary widely. They depend on injuries, how fast records arrive, and whether the case resolves before trial.

The firm handles these cases on a no fee unless we win basis. The client may still be responsible for court costs and case expenses.

Why T. Madden & Associates, P.C. for a Negligent Hiring Claim

T. Madden & Associates, P.C. is a Georgia personal injury firm that has practiced since 1999. Its work includes car, truck, motorcycle, and e-bike crashes, slip and falls, medical malpractice, nursing home abuse, negligent security, and wrongful death.

• Terance Madden is the responsible lawyer for this page.
• The firm’s lawyers include Terance Madden and Shenia Madden, supported by assistants and office staff.
• Our team reviews the crash facts with you in plain language.
• Offices are in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta. The phone line is available 24/7.

Disclaimer: This page is general information, not legal advice. Responsible lawyer: Terance Madden, T. Madden & Associates, P.C. Contact: https://www.tmaddenlaw.com/contact/

Common Questions About Suing a Trucking Company in Georgia

Most of these questions come down to whether the company’s own decisions played a part in the crash.