Accident Law in Georgia
After a crash in Georgia: the questions, answered on the record
- 49 questions
- 171 links between answers
- 116 code sections cited
The record
Newest first. Open A. for the short answer. Page 3 of 3.
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How Does Georgia's Direct Action Statute Allow a Claimant to Sue a Trucking Company's Insurer Directly Rather Than Only the Insured?
The short answer
Georgia's direct action statutes, O.C.G.A. §§ 40-1-112(c) and 40-2-140(d)(4), let an injured person join a motor carrier's insurer in the suit against the carrier. Since Senate Bill 426, for causes of action accruing on or after July 1, 2024, that is allowed only when a related motor carrier is insolvent or bankrupt, or the driver or carrier cannot be personally served after reasonable diligence. Older claims follow the earlier, broader text.
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What Is the Statute of Limitations for a Wrongful Death Claim After a Fatal Vehicle Accident in Georgia and Who Has Standing to File?
The short answer
The family's wrongful death lawsuit is due two years from the date of death (O.C.G.A. § 9-3-33). A pending criminal case does not extend it; a minor child who holds the claim gets two years from turning 18. Standing goes to the spouse, then the children, then the parents, then the estate's administrator. The estate's claim for the person's injuries runs from the crash, with its own tolling rule.