By John M. Foy, Founder, John Foy & Associates (Atlanta, Georgia) | Last reviewed: October 2026
For decades, Georgia was one of a small number of states where someone hurt by a commercial truck could sue the trucking company and its liability insurer together, in the same lawsuit. That changed in 2024. Senate Bill 426 rewrote Georgia’s “direct action” statutes, and for crashes on or after July 1, 2024, the insurer generally can no longer be named as a defendant from the start.
The change doesn’t decide whether a truck driver or carrier was negligent, and it doesn’t make insurance disappear. It changes who appears in the lawsuit, and the date of the crash now determines which rule applies.
Before and After SB 426
| Question | Crash before July 1, 2024 | Crash on or after July 1, 2024 |
| Can the insurer be named with the carrier at the start? | Generally yes, under the older direct action statutes | Generally no |
| When can the insurer be joined? | From the outset | Only if a related carrier is insolvent or bankrupt, or the driver or carrier can’t be served after reasonable diligence |
| Does insurance still pay covered claims? | Yes | Yes |
| Who decides fault? | Unchanged: the evidence about the driver, the carrier, and other parties | Unchanged |
What the Old Rule Allowed
Georgia requires motor carriers to carry liability insurance to protect the public. The former versions of O.C.G.A. § 40-1-112 and § 40-2-140 went further than most states: a person injured by a covered carrier could join the carrier and its insurer in the same action. Most states keep the liability insurer out of the courtroom, and Georgia’s evidence rules generally bar telling a jury about a defendant’s liability insurance. The direct action statutes were a notable exception.
What SB 426 Changed
Under the signed text of SB 426, the carrier and its insurer may be joined in the same action only when:
- One or more motor carriers related to the cause of action are insolvent or bankrupt, or
- Personal service cannot, after reasonable diligence, be made on the driver of the carrier’s vehicle or on the motor carrier.
If either condition applies, the insurer can be added by amended complaint without a separate court order. The insurer has 30 days after service to answer, and the amended complaint relates back to the date of the original filing for purposes of that joinder. The same limits were added to both statutes.
The Crash Date Decides Which Rule Applies
The Act states that it applies to causes of action accruing on or after July 1, 2024. Two crashes involving the same carrier, one in June 2024 and one in August 2024, may raise identical questions about speed, fatigue, or maintenance, yet the procedural rules about naming the insurer differ. Some claims from crashes before that date are still working through the courts, so the older rule remains relevant.
The crash date also starts Georgia’s general two-year deadline to file a personal injury lawsuit (O.C.G.A. § 9-3-33).
Removing the Insurer From the Caption Doesn’t Remove Insurance
SB 426 changed when the insurer can be a named party. It did not change a carrier’s duty to carry insurance or the policy’s obligation to respond to a covered judgment or settlement. Federal rules set minimum liability coverage for interstate carriers, generally $750,000 for general freight and more for certain hazardous materials (49 C.F.R. § 387.9).
Injured people also still have ways to learn what coverage exists. Georgia law allows a claimant to request a written statement of a liability policy’s limits before filing suit, and insurers generally must respond within 60 days (O.C.G.A. § 33-3-28). After a lawsuit is filed, insurance agreements are discoverable (O.C.G.A. § 9-11-26). Knowing the available coverage early often shapes the entire claim.
When Service Problems Bring the Insurer Back
Trucking companies don’t always have simple structures. Drivers may live out of state, carriers may operate through several entities, and the addresses on crash reports and registrations don’t always lead to successful service. The statute doesn’t say one failed attempt is enough; it requires that service could not be made “after reasonable diligence.” A documented history of service attempts can therefore matter a great deal.
Bankruptcy and Insolvency
If a carrier connected to the claim is insolvent or bankrupt, the insurer can be joined. That keeps a valid claim from becoming meaningless because the carrier can’t pay. The insurer still isn’t automatically responsible for every alleged loss; policy limits, coverage issues, and the underlying liability case still have to be resolved.
Truck Cases Still Involve More Than the Driver
SB 426 narrowed one route. It did not narrow who can be responsible. Depending on the facts, claims can involve the driver, the motor carrier, a maintenance contractor, a cargo loader, or a broker. The Federal Motor Carrier Safety Regulations, including the hours-of-service, driver qualification, and maintenance rules, often provide the standards for proving what went wrong. FindAttorneys.org has covered how commercial vehicle evidence such as maintenance files, inspection reports, and route data can identify responsibility beyond the driver.
Fault is still divided among the parties under Georgia’s apportionment statute, and an injured person found 50% or more at fault recovers nothing (O.C.G.A. § 51-12-33). Georgia’s 2025 tort reform law (SB 68) also changed how some damages and evidence are handled, so cases now have more than one recent reform to account for.
When the Police Report Blamed the Injured Driver
Truck cases are often decided by the federal safety rules rather than the first account of the crash. Among the results John Foy & Associates publishes on its case results page is a $1,000,000 recovery involving a driver who moved into the left lane of a four-lane highway near an intersection and collided with a tractor-trailer. Police initially found her at fault. She was severely injured and died 14 weeks later.
The firm’s investigation showed the truck driver had violated multiple commercial motor vehicle rules, including changing lanes while proceeding through an intersection and speeding while changing lanes. That evidence led to payment of the full limits of the tractor-trailer’s insurance policy. Whatever the procedural rule about naming the insurer, the case turned on evidence of the carrier’s conduct and on knowing what coverage was available.
Past results do not guarantee similar outcomes. Every case depends on its own facts.
What This Means If You Were Hit by a Truck in Georgia
- Note the exact crash date, since it determines whether the old or new joinder rule applies.
- Don’t assume there is no insurance because the insurer isn’t named in the lawsuit.
- Request policy limits early, and preserve evidence such as electronic logging data, dash cameras, and maintenance records before it is lost.
- Keep a record of every attempt to serve the driver or carrier if service becomes difficult.
When deciding which Atlanta truck accident attorney you need, it helps to ask whether the lawyer has handled cases under both the 2024 and 2025 changes, since they affect how a case is structured from the first filing.
Frequently Asked Questions
Can I sue a trucking company’s insurance company directly in Georgia?
For crashes on or after July 1, 2024, generally only if a related carrier is insolvent or bankrupt, or the driver or carrier can’t be served after reasonable diligence. For earlier crashes, the older direct action rule may apply.
Does SB 426 reduce what I can recover?
Not directly. It changes who can be named in the lawsuit, not the negligence standard or the insurance coverage that pays covered claims.
How can I find out how much insurance a trucking company has?
Georgia law lets a claimant request a statement of liability limits before suit, and insurance is discoverable once a lawsuit is filed. Federal rules also set minimum coverage for interstate carriers.
How long do I have to file a truck accident lawsuit in Georgia?
Generally, two years from the date of injury, though shorter notice deadlines can apply to claims involving government entities.
Disclaimer
This article provides general information about Georgia motor carrier and personal injury law and is not legal advice. Reading it does not create an attorney-client relationship. The applicable rules depend on the crash date and facts of each case, and the law can change. For advice about your situation, consult a licensed Georgia attorney.
