Truck Crash in Georgia? Start Your Notice Steps Early

If a truck crash with a county garbage or city truck left you hurt in Georgia, the truck’s owner determines which notice deadline may apply. Claims against a city may need written notice within six months. Claims against the state generally carry a 12-month clock, running from when the loss was discovered or should have been discovered. Those dates can arrive well before the two-year injury deadline most people know about.

This page explains how to find the owner, which rule may apply, and why notice is a separate step from a lawsuit. It is general information, not legal advice.

Why a City or County Truck Can Change the Clock

A crash with a government-owned truck can require a written notice before you can file a lawsuit. Georgia treats claims against cities, counties, and the state differently from claims against a private company. Common examples include a county garbage truck that runs a red light, a city public works truck that backs into your lane, and a state-owned vehicle on a state road.

Notice is a separate step from filing suit. Many people assume the two-year deadline is the only one that matters. That assumption can put a claim at risk. The sooner you identify the owner, the more time you have to act.

Find Out Who Owns the Truck First

The owner of the truck decides which notice rules may apply, so identify the owner first. A government truck may belong to a city, a county, or the State of Georgia. A truck may also belong to a private contractor doing government work, or to a private company. Each owner can lead to a different analysis. Confirm ownership, because a truck that looks like a county vehicle may belong to a contractor.

Look for these details at the scene or soon after:

• Lettering, seals, and department names on the doors
• Unit or fleet numbers painted on the cab or body
• The driver’s uniform, badge, or any employer name
• The tag or registration number on the back of the truck
• The crash report number, which may list the vehicle owner

Photograph each one. A phone picture of a unit number is more reliable than trying to remember it later.

Notice Periods by Type of Government Entity

A claim against a city generally needs written notice within six months. County and state claims carry 12-month timelines. Each entity has its own rules, so match the owner to the right section below.

City claims. Under O.C.G.A. § 36-33-5, you must present the claim in writing to the city’s governing authority within six months of the event. The written claim must state the time, place, and extent of the injury, and the negligence that caused it. The written notice must also include the specific amount of monetary damages being sought from the city. Under O.C.G.A. § 36-33-5(e), that amount constitutes an offer of compromise, and if the city does not settle the claim and you litigate it, the amount stated in the notice is not binding on you. The governing authority must consider the claim within 30 days. O.C.G.A. § 36-33-5 reads: “(c) Upon the presentation of such claim, the governing authority shall consider and act upon the claim within 30 days from the presentation; and the action of the governing authority, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts.” The claim must be served on the mayor or the chairperson of the city council or commission, by personal delivery, certified mail, or statutory overnight delivery.

County claims. Under O.C.G.A. § 36-11-1, all claims against counties must be presented within 12 months after they accrue or become payable. Otherwise, they are barred. Minors and people under other disabilities get 12 months after the disability is removed.

State claims. Under O.C.G.A. § 50-21-26, written notice of a tort claim against the state must be given within 12 months of when the loss was discovered or should have been discovered. Notice goes by certified mail or statutory overnight delivery, return receipt requested, or is delivered personally to the Risk Management Division of the Department of Administrative Services. A copy goes to the state entity involved. A lawsuit can’t start until that department denies the claim or 90 days pass without action, whichever comes first.

The six-month city window is the shortest. That’s why identifying the owner early matters.

The Two-Year Limit and Why Notice Does Not Replace It

The general deadline to sue for a personal injury in Georgia is two years. O.C.G.A. § 9-3-33 sets that period for actions for injuries to the person. It runs from when the right of action accrues. Sending a notice is a separate step. It does not replace the two-year deadline, and it isn’t the same as filing a lawsuit.

That means two timelines can run at the same time. One is the notice deadline for the government owner. The other is the two-year filing deadline. For city claims, the statute of limitations is suspended while a demand for payment is pending before the city without action on its part, under O.C.G.A. § 36-33-5. Track each date on its own rather than relying on that pause.

How Fault Is Divided in a Government Truck Claim

Georgia reduces damages by the injured person’s share of fault. A plaintiff who is 50 percent or more at fault recovers no damages. Under O.C.G.A. § 51-12-33, the judge reduces the award in proportion to the plaintiff’s fault.

Damages are then divided among the people who are liable, by percentage of fault. Each one pays its own share, and the shares are not joint. In a government truck crash, that can include another driver, a contractor, or a maintenance provider. Your own conduct counts too. Write down what you were doing before the impact, including your speed, signals, and phone use.

Records to Gather That Support the Notice

For a city claim, the written notice must state the time, place, and extent of your injury, as nearly as practicable, and the negligence that caused it. Your records supply those facts. Gather them before the deadline, not after. Useful items include:

• Photos of the truck’s markings, unit number, and tag
• Names and contact details for witnesses
• The crash report number and the agency that investigated
• Medical visit records and bills as they come in
• A written account of the crash, dated and written while memory is fresh

Keep originals of everything. If the owner is unclear, these records help show which entity the notice must go to.

Frequently Asked Questions

Whether that applies depends on who owns the truck.

Talk With T. Madden & Associates About Your Crash

If a city, county, or state truck hit you, the notice clock may already be running. You don’t have to sort out the owner and the deadlines alone. Contact our firm for a free consultation, and we’ll review your crash with you. The first consultation is free, confidential, and carries no obligation to continue.

We handle personal injury matters on a no fee unless we win basis. You may still be responsible for court costs and case expenses.

This page is general information and not legal advice. 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. Contact information is available at tmaddenlaw.com/contact.