Georgia Bill Seeks to Limit Rights of Plaintiffs in Truck Accident Lawsuits

A recent piece of legislation that is working its way through the Georgia Congress seeks to limit the ability of plaintiffs to file lawsuits against trucking companies that cause injury to members of the public. The bill would prevent plaintiffs from filing lawsuits directly against insurance companies unless the insured trucking company was either bankrupt or the injured party could not serve the truck driver or the company they work for with a copy of the lawsuit.

Proponents of the measure claim that the bill would lower insurance rates on trucking companies which prevent such companies from remaining profitable and drive up the costs of goods. Sen. Blake Tillery, who sponsored the measure, says it is a compromise between business groups and plaintiff’s attorneys. He believes that the bill would stabilize insurance rates which are often very high in the state of Georgia. Driving up costs, he claims, are massive personal injury judgments levied against trucking companies and their insurers. Proponents of the measure argue that the cost of doing business in Georgia prevents the creation of new jobs, drives up the costs to consumers, and makes Georgia businesses less profitable.

In 2005, in an effort to reform the tort system, the Georgia Congress passed damage caps on personal injury lawsuits for noneconomic damages such as pain and suffering. The measure was struck down by the Georgia Supreme Court in 2010.

Understanding the debate 

The debate generally divides along party lines with pro-business Republicans supporting “tort reform” and Democrats opposing measures that would limit the ability of injured parties to recover damages from a negligent business. Trucking companies and property developers generally support limiting lawsuits against them while plaintiff’s attorneys and the general public generally oppose such measures.

Most efforts to pass comprehensive tort reform have stalled in the Georgia legislature. A 2020 plan that was widely backed by Georgia businesses sought to limit damages in product liability lawsuits to $250,000, make it harder to sue property owners for injuries caused on their property by a third party, and bar plaintiff’s attorneys from asking juries for a specific amount of money. Part of the measure involved preventing plaintiffs from filing lawsuits against trucking companies and their insurers at the same time. That is the measure that is currently being debated and will head to the Georgia House for a vote.

Republicans point to so-called “frivolous” lawsuits which are ostensibly easy to defeat but drive up the cost of doing business because they have to defend against the litigation. As personal injury attorneys, we work on contingency. That means we don’t get paid unless our client wins. So, it prevents us from taking just any lawsuit and forces us to consider whether or not the case is winnable.

Talk to an Atlanta, GA Personal Injury Attorney Today 

The Atlanta personal injury attorneys at Forsythe Law Firm, LLC represent the interests of plaintiffs in lawsuits filed against negligent defendants. Call our office today to schedule a free consultation and we can begin discussing your case right away.

Source:

nclawyersweekly.com/2024/02/14/trucking-lawsuits-could-be-limited-under-georgia-bill/