truck accident

Ga. Court of Appeals Allows for “Direct Action” Against Insurance Company Over 2014 Semi-Truck Accident

March 31, 2020 | Benjamin S. Persons, IV

As a general rule, you cannot directly sue an insurance company for a personal injury caused by someone they insure. In other words, if you are in a car accident caused by a negligent driver, you cannot name that driver’s insurance company as a defendant. Such “direct action” is not permitted under Georgia law.

Daily Underwriters of America v. Williams

But there are exceptions. Georgia law includes two separate provisions that permit direct action against insurance companies that insure motor carriers, i.e. semi-trucks. In a recent decision, Daily Underwriters of America v. Williams, the Georgia Court of Appeals explained how these two provisions can be applied in practice.

Commercial Trucking Accident Leads to Mystery of Missing Maintenance Logs

August 6, 2019 | Benjamin S. Persons, IV

When an accident involves a commercial truck, there are usually records available with respect to the vehicle’s safety and maintenance. Such records can be made available to an injured victim during the discovery process of a personal injury lawsuit. If those records are improperly withheld–or even destroyed before they can be disclosed–a trial judge has the authority to impose sanctions on the offending party.

Allen v. Sanchez

It is important to note, however, that a judge will only impose sanctions for “spoliation” of evidence when certain standards are met. An ongoing federal personal injury lawsuit, Allen v. Sanchez, helps illustrate how courts deal with these situations.

Columbus Jury Awards $650,000 to Driver Seriously Injured in Trucking Accident

January 29, 2016 | Benjamin S. Persons, IV

When it comes to trucking accidents, Georgia has what is known as a “direct action” rule. This means that if you are injured due to a commercial truck driver’s negligence, you can name not only the trucking company but also its insurance carrier as defendants. This is an exception to the normal rule. In a personal injury case arising from a normal car accident, you cannot directly sue the insurer. This is because it is generally considered unfair to the trucking company if the jury is made aware that an insurance company is paying for any potential damages.

Wallace v. Wiley Sanders Truck Lines, Inc.

Trucking companies are understandably unhappy with the direct action rule, especially after they lose a lawsuit. But their complaints often fall on deaf ears. Consider this recent case from Columbus, Georgia.