What to Do If a Trucking Company Denies Liability in Georgia

TL;DR: If a trucking company denies liability, you need to gather strong evidence, consult an experienced truck accident attorney, and prepare for potential legal battles to secure fair compensation.

Key Highlights:

Gather evidence: Collect police reports, witness testimonies, and any available video footage that can support your claim.
Consult an experienced attorney: An Atlanta truck accident lawyer can help navigate the complexities of dealing with trucking companies and insurance adjusters.
Explore all liability avenues: Identify whether the driver, company, or third-party factors contributed to the accident.
Look into company records: Check for violations like improper maintenance, fatigued driving, or driver negligence.
Understand Georgia’s laws: O.C.G.A. § 51-12-33 and O.C.G.A. § 40-6-390 can help in determining fault and compensation even if the trucking company denies liability.

Trucking accidents are some of the most catastrophic incidents on Georgia’s roads, often leading to severe injuries, substantial property damage, and loss of life. In 2022, there were over 4,000 large truck crashes in Georgia alone, with many resulting in life-changing injuries. When a trucking company denies liability, it can complicate your efforts to receive compensation for medical expenses, lost wages, and emotional distress. Under O.C.G.A. § 51-12-33, Georgia follows a modified comparative negligence rule, meaning even if you share some fault for the accident, you may still be entitled to compensation as long as your fault does not exceed 50%.

However, trucking companies often dispute liability, hoping to minimize their financial responsibility. They might use tactics such as questioning fault, citing lack of evidence, or suggesting that other parties are to blame. O.C.G.A. § 40-6-390 and O.C.G.A. § 51-1-6 provide legal frameworks that can help establish fault, but gathering the right evidence and understanding the legal process is crucial.

If you find yourself facing a situation where a trucking company denies liability, knowing how to protect your rights and navigate Georgia’s laws can significantly affect the outcome of your case.

Steps to Take When a Trucking Company Denies Liability

Step 1: Request a Written Explanation for the Denial

If a trucking company or its insurer denies liability, they must provide a valid reason.
Request a written statement outlining why they believe they are not responsible.
This document may reveal inconsistencies or weaknesses in their argument that can be challenged.

Step 2: Gather and Preserve Evidence

Accident Report – Obtain a copy of the police report, as it often contains crucial details about fault determination.
Dashcam and Surveillance Footage – Video evidence can refute claims made by the trucking company.
Eyewitness Statements – Testimonies from neutral third parties can help establish liability.
Electronic Logging Device (ELD) Data – Federal regulations require commercial trucks to track hours of service, which can prove violations.
Black Box Data – Many trucks are equipped with event data recorders (EDRs) that capture speed, braking, and other critical information.
Vehicle Damage Analysis – A forensic examination of the vehicles involved can support claims of fault.

Step 3: Review Georgia and Federal Trucking Regulations

The Federal Motor Carrier Safety Administration (FMCSA) regulates trucking operations, and violations can establish liability.
Common violations that may support your claim:
- Hours-of-service violations (49 CFR § 395)
- Improper truck maintenance (49 CFR § 396)
- Overloaded or improperly secured cargo (49 CFR § 393)
- Driver qualifications and training deficiencies (49 CFR § 391)
Georgia-specific trucking laws under O.C.G.A. Title 40 may also apply to your case.

Step 4: Avoid Giving Recorded Statements to Insurance Adjusters

The trucking company’s insurance representatives may ask for a recorded statement.
Anything you say can be used against you to reduce or deny your claim.
Politely decline and refer them to your attorney.

Step 5: Consult an Experienced Georgia Truck Accident Lawyer

In the event of a claim denial by trucking companies in Georgia, consulting an experienced truck accident lawyer can help you evaluate the weight of your evidence and the strength of your case. Claims are mostly denied when there are little or no evidence to back them up and when liability is wrongfully determined. An experienced truck accident attorney can help you determine liability and ensure appropriate filings and fair negotiation with the responsible party.

Step 6: File a Claim with Your Own Insurance if Necessary

If liability is disputed, your own insurance policy (if applicable) may provide coverage for medical bills and vehicle repairs.
Uninsured/Underinsured Motorist (UM/UIM) coverage can also help in cases where the trucking company refuses to pay.

Step 7: Consult an Expert Witness

Accident reconstruction specialists can analyze the crash scene and provide expert opinions.
Medical professionals can testify regarding the extent and impact of your injuries.
Trucking industry experts can evaluate whether federal and state regulations were violated.

Step 8: Send a Demand Letter to the Trucking Company

If the trucking company continues to deny liability, your attorney can draft a demand letter.
This document outlines the evidence supporting your claim and formally requests compensation.
A well-documented demand letter may lead to settlement negotiations before a lawsuit is filed.

Step 9: File a Truck Accident Lawsuit in Georgia

If settlement discussions fail, you may need to file a lawsuit against the trucking company.
Georgia’s statute of limitations for personal injury claims (O.C.G.A. § 9-3-33) is two years from the date of the accident.
A lawsuit allows your attorney to subpoena trucking company records, including maintenance logs, employment history, and internal communications.

Step 10: Prepare for Litigation and Trial

If the case proceeds to trial, your attorney will present evidence to establish liability.
Key legal arguments may include:
- Negligent Hiring and Training – If the driver was unqualified or improperly trained.
- Negligent Maintenance – If truck maintenance records reveal safety violations.
- Violation of Safety Regulations – If the trucker or company ignored FMCSA or state laws.

Step 11: Explore Settlement Opportunities

Even after filing a lawsuit, settlements can still be negotiated before trial.
A strong case backed by evidence increases the likelihood of a fair settlement.
Your attorney will assess whether settlement offers adequately cover medical expenses, lost wages, and pain and suffering.

How Our Atlanta Truck Accident Lawyer Can Help You

If a trucking company denies liability, an attorney can build a compelling case by:
- Investigating the accident and gathering critical evidence.
- Negotiating with insurers to counter denial tactics.
- Filing a lawsuit if necessary to pursue full compensation.
Contact us for free evaluation to discuss your case today.

Conclusions

When a trucking company refuses to accept liability, taking the right legal steps is crucial to securing compensation. By gathering strong evidence, understanding Georgia’s laws, and working with an experienced attorney, you can challenge the denial and hold the responsible parties accountable. If you are facing resistance from a trucking company, contact us for free evaluation to protect your rights.