Georgia Truck Accident Lawyers Blog

Our firm is currently representing a victim of a very serious tractor trailer collision which occurred on an interstate highway in South Georgia. In this particular collision, four people were killed and numerous other people seriously injured as was our client. We had the privilege of handling wrongful death cases on behalf of two families involved in this tragedy and those cases were resolved by means of settlement and compromise. While we were representing these families, we were contacted by another person (our current client) who also had been involved in the collision. He lives out of state. This person was unfamiliar with the Georgia statute of limitations and had not filed a lawsuit within two years. Here in Georgia, the typical statute of limitations for a personal injury claim is two years from the date of the occurrence. However, effective July 1, 2005, the Georgia Legislature passed a new law which tolls the statute of limitations for tort actions involving victims of alleged crimes. This new provision, little known to members of the Bar and not yet interpreted by any Georgia Court, is found at O.C.G.A. § 9-3-99. It reads in pertinent part as follows:

The running of the period of limitations with respect to any cause of action and tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action and tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years.

When we were contacted by this out of state client (after 2 years had passed) concerning his serious injures which arose out of the same collision where our other two clients’ family members were killed, we decided to help him if we could. We filed a lawsuit on his behalf alleging that he was entitled to the “victims rights” benefits of O.C.G.A. § 9-3-99.

The truck driver involved was charged by the authorities with four counts of Vehicular Homicide. His employer, the trucking company, has filed a Motion to Dismiss our client’s case on the grounds that the new victim’s rights statute is allegedly unconstitutional and should not apply to a victim such as our client because he was not specifically named as a victim in the criminal charges filed against their driver. Of course, we contend that this is completely preposterous because our client was as much a victim as were the others, the only difference being that he survived his serious injuries whereas the other four victims were killed.

There is a good reason for the Georgia Legislature to toll the statute of limitations with respect to victims of criminal offenses committed in this state. When the authorities investigate a criminal offense that might also be the basis of a civil tort action against the offender, the victim is prejudiced because the authorities will typically not release to the victim or their representatives any information concerning the underlying investigation until the investigation is terminated. Indeed, the Open Records Act is specifically not applicable to open criminal investigations. Thus, as here, if a truck driver is under investigation for Vehicular Homicide, none of the victims of his acts can typically get access to the District Attorney’s file and cannot get access to the investigator’s file until the prosecution is terminated. In recognition of the impact of a criminal investigation on victims and their families, the Georgia Legislature decided to toll the statute of limitations during the pendency of any criminal investigation until “the prosecution of such crime or act has become final or otherwise terminated.” Rather than indefinitely tolling the statute, the Georgia Legislature, as part of this Bill, enacted a statute of repose which stated that “in no event should the statute exceed six years.” Thus, the rights of the victims are preserved and the rights of the authorities to effectively prosecute the offender was not compromised.

We were honored to represent two different families of the victims of this tragedy and were pleased that we were able to amicably resolve those wrongful death claims. Now, we are in a position where the trucking company who hired this dangerously negligent driver is seeking to dismiss the claims of yet another victim of this tragic collision by claiming that he is “not a victim at all.” Of course, the language of O.C.G.A. § 9-3-99 specifically states that any cause of action in tort that may be brought by the victim of an alleged crime “which arises out of the facts and circumstance relating to the commission of such alleged crime committed in this state” shall benefit from the tolling language of the statute. Thus, we believe that the trucking company’s attempt to declare this statute unconstitutional is not only directed at our single client but at all victims throughout the state because if the trucking company is successful in attacking this piece of legislation, their efforts will affect all victims of crimes throughout Georgia. For obvious reasons, we plan to vigorously defend our client’s rights and the rights of all victims of crime, particularly those victimized by trucking companies who injure others due to criminal acts of negligence committed in this state. We will file further postings on this blog as soon as we can report (as we are confident we will report) that the Court has overruled the trucking company’s challenge to this important victims’ rights legislation.

Georgia law with respect to the financial responsibility for common carriers needs to be changed and it needs to be changed quickly. Simply stated, the minimum limits of insurance protection that is now available to the public is grossly inadequate and far less than federal limits. It is high time that Georgia enacts legislation which is at least as effective as federal law in protecting innocent members of the motoring public when it comes to the type of carnage that can be inflicted by a negligent trucking company.

In order to operate as a motor carrier in Georgia, a company must first obtain a certificate of public convenience pursuant to O.C.G.A. § 46-7-3. Under rules adopted by the Georgia Public Service Commission, in order to obtain a certificate of public convenience, a carrier must provide the State with a surety bond of only $100,000.00 for bodily injury or death of one person and $300,000.00 for bodily injury or death of all persons involved in an accident. This standard was issued by the Georgia Public Service Commission (PSC) under its Rule 7-2.1. Alternatively, the Georgia PSC stated that a motor carrier could present the PSC with proof of insurance in the same amount and that the proof could be the actual policy itself or a certificate of coverage from the insurance company.

The Certificate of Insurance in Georgia is known as a Form E (Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance). The purpose of this insurance is to protect the innocent members of motoring public who may be damaged by the carrier’s operations. Unfortunately, in a case involving serious injury or death, $100,000.00 is clearly inadequate to address such a situation. Indeed, in any serious case where the injured victim remains in the hospital sometimes for days or weeks, the $100,000.00 minimum limits of insurance coverage is hardly sufficient to even compensate the victim for his or her medical expenses much less lost wages, pain and suffering and/or permanent disability caused by the injury. Unfortunately, the Georgia Legislature which is dominated by a business lobby mentality, does not seem very interested in calling for an amendment to this Rule. “Let them eat cake” seems to be the attitude which we have a hard time understanding. After all, we are talking about innocent victims.

Under federal law, the minimum limits of insurance coverage for the protection of the public is $750,000.00. Most responsible trucking companies carry much more by way of liability insurance coverage then the minimum limits because their assets are at risk in a serous case. Many responsible trucking companies carry 5 - 10 million dollars in coverage, and sometimes more. In a serious case where amputations are involved, paralysis, death or other truly severe injuries, such coverage is necessary to compensate the innocent third party victim who may be involved in an accident with a large truck. If a driver loses control, is speeding, crosses the centerline or otherwise strikes the innocent third party who has done absolutely nothing wrong, one can be assured that with the size of some of these rigs, the innocent third party will be severely damaged. If the person survives the injury, that person may undergo months, if not years, of pain and suffering not to mention a loss of their lifestyle, their job and the emotional stress attendant to such a situation which literally always affects the entire family. In such circumstances, it is ludicrous for the State of Georgia to have coverage limits of $100,000.00 to cover a serious injury or death. Indeed, $100,000.00 is the most any single person can collect from such an accident in Georgia and even if ten people were killed in a van, let’s say, coming back from a church, the most the family members could receive would be a total of $300,000.00 to be divided ten ways from a minimum limits carrier. In short, if a trucking company is irresponsible enough to carry minimum limits, they are still within the law and can operate legally in Georgia. If they have no assets at risk because they are a “fly by night carrier,” they are not likely to carry more coverage.

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