{"id":7068,"date":"2026-11-03T16:54:20","date_gmt":"2026-11-03T16:54:20","guid":{"rendered":"https:\/\/www.tmaddenlaw.com\/guides\/truck-accident-lawyer-georgia\/fault-split-truck-driver-carrier-manufacturer-georgia\/"},"modified":"2026-11-04T01:50:50","modified_gmt":"2026-11-04T01:50:50","slug":"fault-split-truck-driver-carrier-manufacturer-georgia","status":"publish","type":"page","link":"https:\/\/www.tmaddenlaw.com\/guides\/truck-accident-lawyer-georgia\/fault-split-truck-driver-carrier-manufacturer-georgia\/","title":{"rendered":"Georgia Truck Accident Lawyer: How Fault Is Split"},"content":{"rendered":"\n
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Georgia Truck Accident Lawyer<\/a> \u00b7 Jonesboro, Atlanta, Decatur, Macon and Augusta<\/p>

When More Than One Party Shares the Blame in a Georgia Truck Crash, Who Pays?<\/h1>

T. Madden & Associates, P.C. has represented people injured in Georgia since 1999. Here is how fault is divided in truck cases and what it can mean for your claim.<\/p>

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Serving Georgia Since 1999<\/h2>\n

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1999<\/h3>

Year the firm began practice<\/p><\/div>

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5<\/h3>

Offices across Georgia<\/p><\/div>

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24\/7<\/h3>

Phone line for injured people<\/p><\/div><\/div>\n\n<\/div>\n\n\n

By Terance Madden \u00b7 Published November 3, 2026<\/p>\n\n

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Quick Answer: How Fault Is Divided in a Georgia Truck Crash<\/h2>\n

In a Georgia truck crash, fault can be shared among several parties. A jury can assign a percentage to the truck driver, the trucking company and, in some cases, a maker of a defective part. If the injured person is partly responsible, that share reduces what they can recover, and at 50 percent or more they recover nothing (O.C.G.A. \u00a7 51-12-33<\/a>; Quynn v. Hulsey (2020)<\/a>).<\/p>\n

Truck crashes often involve more parties than car crashes do. A tractor-trailer may have a driver employed by one company, a truck leased from another and parts made by a third. Each link can matter when a claim is built.<\/p>\n

Federal safety rules also shape how fault is judged. Trucking companies must keep records that show how they ran their drivers and equipment, and those records often matter when fault is disputed.<\/p>\n

This page walks through the terms, the parties who may be named, the proof that matters and how insurers use shared fault in talks.<\/p>\n\n

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If a trucking company's insurer is asking about your share of the blame, you don't have to sort it out alone. Our team can talk through your facts with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Liability vs. Fault: What the Terms Mean<\/h2>\n

Fault is the share of responsibility for causing a crash. Liability is the legal duty to pay for the harm that results. People often use these words as if they mean the same thing, but they don’t.<\/p>\n

Fault is measured in percentages. A jury might decide the driver was 70 percent at fault and the injured person 30 percent. Liability then follows those shares.<\/p>\n

Under Georgia law, damages are apportioned among the people who are liable, according to each person’s percentage of fault. Each person pays only its own share. The statute says these damages shall not be a joint liability<\/a> among the persons liable, so one defendant does not automatically cover another’s share.<\/p>\n

Insurers, courts and the public often blur the two terms. In a claim, the exact wording matters. A statement about fault can be read differently than a statement about liability.<\/p>\n

Who Can Be Named: The Driver, the Carrier and the Manufacturer<\/h2>\n

Several parties can share fault in a truck crash. These include the driver, the trucking company and, in some cases, a manufacturer.<\/p>\n

The truck driver.<\/strong> Driver conduct is often the first place people look. Speeding, following too closely, distracted driving or driving while exhausted can all be part of a claim. Federal rules say no driver may operate a commercial motor vehicle when fatigue, illness or another cause leaves the driver’s ability or alertness so impaired, or so likely to become impaired, as to make it unsafe, except in a grave emergency where compliance would increase the hazard, and then only to the nearest place where that hazard is removed (federal rule<\/a>).<\/p>\n

The trucking company (carrier).<\/strong> Federal rules provide that a motor carrier shall not require or permit a driver to operate a commercial motor vehicle while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe. The company’s own conduct can also be at issue. Federal rules also require a motor carrier to make sure drivers<\/a> observe the driver rules.<\/p>\n

The manufacturer.<\/strong> A part such as brakes, tires or a trailer system may be defective. A claim may be based on the design, how the part was made or warnings that were missing or inadequate.<\/p>\n

Others.<\/strong> When the facts point to them, a maintenance contractor or a cargo loading company may also be named.<\/p>\n

The 50% Bar Under Georgia’s Modified Comparative Fault Rule<\/h2>\n

Under O.C.G.A. \u00a7 51-12-33<\/a>, a plaintiff who is 50 percent or more responsible for the injury or damages claimed is not entitled to receive any damages, and any damages otherwise awarded are reduced in proportion to the plaintiff’s percentage of fault. The award is reduced by that share. At 50 percent or more, the person cannot recover damages at all, under O.C.G.A. \u00a7 51-12-33<\/a>.<\/p>\n

Here is a simple example with made-up numbers. Suppose the trier of fact sets total damages at $100,000 and the injured person is found 20 percent at fault. The award would drop by $20,000, to $80,000. If the same person were found 50 percent at fault, nothing would be recoverable.<\/p>\n

The outcome depends on the facts of each crash. Because the line sits at 50 percent, the percentage a jury assigns can matter as much as the total damages.<\/p>\n

How a Jury Divides Fault Among Several Parties and Nonparties<\/h2>\n

A jury divides fault among everyone who contributed to the injury. That includes people who were never named in the lawsuit. The statute says fault is assessed for all persons or entities who contributed, whether or not they were, or could have been, named as parties<\/a>.<\/p>\n

Under the same statute, notice must be given not later than 120 days before trial<\/a>, by filing a pleading that names the nonparty and briefly states why it is believed to be at fault. A fault finding against a nonparty does not make that nonparty liable in any action.<\/p>\n

Damages are apportioned only among the people who are liable. So a share given to someone who is not a defendant does not add to what a defendant owes. The number of parties changes the math, which is why each one matters.<\/p>\n

A fault percentage can also change the wage-loss side of a claim. For more on that part of a claim, see our guide on truck accident lost wages<\/a>.<\/p>\n

How Fault Is Proven: Records, Regulations and Physical Evidence<\/h2>\n

Fault is usually proven with the trucking company’s records, the truck itself and the crash scene. Federal rules set how long some records must be kept, which is one reason early action matters.<\/p>\n