When a Fatigued Driver Causes a Crash, the Trucking Company May Share Responsibility

A truck driver who falls asleep can cause a serious crash. In Georgia, the injured person may be able to pursue the trucking company too. This guide explains how trucking company liability in Georgia works in these cases.

Can an injured person in Georgia hold a trucking company liable when its driver fell asleep at the wheel?

In general, yes. An injured person can pursue the trucking company when the driver was working for it at the time, and the driver’s fatigue does not by itself end that claim. Whether the claim succeeds depends on the facts of the crash, and a crash report alone does not settle it.

Driver fatigue can come up in crash cases, and whether it played a role depends on the facts of each case. Georgia law then asks a second question: is the company responsible for that driver’s conduct, for its own decisions, or both?

Georgia also reduces damages by the injured person’s own share of fault. Under O.C.G.A. § 51-12-33, an injured plaintiff who is 50 percent or more responsible for the injury or damages claimed is not entitled to receive any damages.

How does Georgia law link a trucking company to its driver’s negligence?

Georgia makes an employer liable for torts its servant commits by its command or within the scope of its business. Lawyers call this respondeat superior, meaning the employer answers for work-related conduct by its worker. The basic rule comes from O.C.G.A. § 51-2-2.

The key fact is scope of work. A driver hauling a dispatched load is usually on the job. A commute or a purely personal errand usually is not. Dispatch messages, load paperwork and the driver’s schedule help show what the driver was doing when the crash happened.

A company may admit the driver was working for it. The company can still face claims over its own negligence.

What direct claims can be brought against the trucking company itself?

Direct claims target the company’s own choices.

These claims ask what the company knew or should have known about the driver. Prior driving history, drug and alcohol testing, reference checks with former employers and how the company tracked the driver’s hours can all matter. Records of warning signs the company saw, or should have seen, are central to these claims.

Entrustment claims are harder to prove.

Why do fatigue and federal hours-of-service rules matter in these cases?

Federal rules limit how long a commercial driver may work and drive. They also bar driving when fatigue makes it unsafe.

Under 49 C.F.R. § 392.3, no driver may operate a commercial vehicle, and a motor carrier may not require or permit a driver to do so, when fatigue, illness or another cause makes the driver’s alertness so impaired, or so likely to become impaired, that driving is unsafe. However, in a case of grave emergency where the hazard to occupants or other highway users would be increased by compliance, the driver may continue to operate the vehicle to the nearest place at which that hazard is removed. Under 49 C.F.R. § 395.3, except as provided in § 395.1, a driver of a property-carrying commercial vehicle may not drive after a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. Driving time in that window is capped at 11 hours. Driving is not permitted after more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status, unless a short-haul exception applies.

Duty status records show whether a driver stayed within these limits. Under 49 C.F.R. § 395.8, a motor carrier must keep those records and supporting documents for at least six months from receipt. Logs can be compared with the crash time, dispatch messages and trip records. Gaps or conflicts in the logs often become central disputes.

What evidence should an injured person or family member ask to have preserved?

Ask that the company and its insurer keep driver logs, dispatch and trip records, the driver qualification file, testing results and vehicle data. These records can show fatigue, scheduling pressure and what the company knew about the driver.

Under 49 C.F.R. § 391.51, a driver’s qualification file must be kept for as long as the driver works for the company and for three years after.

Crash reports, photographs and witness names help show what happened. Retention periods are limited, and some records can be removed on a schedule. Waiting can mean losing records that matter most.

How do fees and costs work if you bring a claim?

The firm handles personal injury cases on a no-fee-unless-we-win basis, but you may still be responsible for court costs and case expenses.

Timing matters too. Under O.C.G.A. § 9-3-33, actions for injuries to the person must generally be brought within two years after the right of action accrues; actions for injuries to the person involving loss of consortium must be brought within four years after the right of action accrues.

Fault also shapes what you can recover. Under O.C.G.A. § 51-12-33, each liable party pays only its own percentage of fault.

Talk with T. Madden & Associates about your crash

If a family member is in the hospital or recovering at home after a truck crash, you may be asking who is responsible. You may also be asking what proof is needed. Those questions can feel urgent, and they are hard to sort out on your own.

T. Madden & Associates, P.C. is a Georgia personal injury firm led by attorney Terance Madden. The firm has been in practice since 1999, with offices in Jonesboro, Atlanta, Decatur, Macon and Augusta.

If a truck crash has your family asking whether the trucking company can be held responsible, our team can talk it through with you, and the first consultation is free, confidential and carries no obligation to continue. Start a free case evaluation.

This page is general information, not legal advice. Responsible lawyer: Terance Madden, T. Madden & Associates, P.C., with offices in Jonesboro, Atlanta, Decatur, Macon and Augusta. Contact: tmaddenlaw.com/contact.