Kermani LLP looked past the police report to what the truck driver and his company did. The central issue became whether the driver shared the blame, and whether the company followed the safety rules every commercial truck must follow. The case began with no settlement offer. The defense rejected the firm's $2 million offer of settlement and later offered $100,000. After the company's own witness admitted required safety steps were skipped, and with trial approaching, the case settled for $2 million.
What the case turned on
Primary liability issue
Whether the truck driver and his company shared fault for a crash police blamed entirely on our client
Key evidence
The company representative's admissions about skipped safety rules, and the driver's testimony on who was at fault
Primary defense
Our client failed to yield, was cited by police and paid the ticket, so he alone caused the crash
What Happened When the Tractor-Trailer Hit His Car?
On July 18, 2023, our client was driving his sedan through southwest Georgia. He was 82 years old, and he was still working. As he made a left turn, a tractor-trailer owned by a building supply company crashed into his car.
The impact shattered the bones of his right ankle and lower leg. Doctors tried to save the leg. Then infection set in. About four weeks after the crash, surgeons amputated his right leg below the knee.
He spent months in the hospital. His daughter took over his affairs under a power of attorney while he fought to recover.
His injuries included:
- A shattered right ankle and lower leg (a tibial pilon fracture) that became infected
- A below-the-knee amputation of his right leg, completed in two surgeries
- Phantom limb pain
- A prosthetic leg that never worked well for him
- More than $400,000 in medical bills
For a man who had been working before the crash, daily life became a different life. He told our team his mind still felt the leg that was gone. Today he relies on a wheelchair and a walker to get around, and his home had to be assessed for changes so he could live in it safely.
When Is a Truck Driver Responsible for a Crash Police Blamed on Someone Else in Georgia?
A police report is not the final word on fault in a Georgia civil case. The officer's opinion and any traffic ticket are evidence. A jury still decides who was negligent, and by how much.
That includes a guilty plea to a traffic ticket. Georgia courts treat it as an admission the jury may consider, not as conclusive proof. In Hasty v. Spruill, 207 Ga. App. 485 (1993), and Gaddis v. Skelton, 226 Ga. App. 325 (1997), the Court of Appeals held that a driver who pleaded guilty can still explain what happened, and the jury weighs the plea with everything else.
Having the right of way does not end a driver's duties either. In Lusk v. Smith, 110 Ga. App. 36 (1964), the Court of Appeals explained that a driver with the right of way may assume others will yield. But once another driver's mistake becomes apparent, he must use ordinary care to avoid a collision.
Trucking companies carry extra duties of their own. Georgia adopts the Federal Motor Carrier Safety Regulations through Ga. Comp. R. & Regs. 515-16-4-.01. Those rules cover hours of service, electronic logs, truck inspections and driver qualification files. In Quynn v. Hulsey, 310 Ga. 473 (2020), the Georgia Supreme Court held that a jury may assign fault to an employer for its own negligence, even when the employer admits the driver was working for it.
All of this matters because of Georgia's apportionment law, O.C.G.A. § 51-12-33. The jury gives each party a percentage of fault. An injured person's award is reduced by his share, and if he is 50% or more at fault, he recovers nothing.
These rules are why the truck side's share of the blame was the entire case. With a ticket already in the record, our client could not recover unless a jury found the driver and his company more at fault than he was.
Blamed for a crash with a commercial truck? Call Kermani LLP for a free case evaluation.
Why Holding the Trucking Company Responsible Was Difficult
On paper, the defense had the stronger story. It said our client failed to yield and pulled directly in front of the truck. The investigating officer agreed. He found our client at fault and cited him for failing to obey a traffic control device.
Our client paid the ticket. The defense called that an admission of fault and argued his negligence was the only cause of the crash. The company's claims administrator reached the same conclusion. The only eyewitness was the local chief of police, and his account supported the police report.
Our client's own insurance offered no help. His policy had no uninsured motorist coverage, only $500 in medical payments coverage. A claim against the truck driver and his company was the only real path to paying for a life without his leg. Other lawyers had turned the case down.
The Truck Evidence That Became Central to the Case
Kermani LLP moved quickly. While our client was still in the hospital, the firm sent a letter demanding that the company preserve the truck and its evidence, and asked for the dash camera footage. When the footage did not arrive by the firm's deadline, the firm filed suit in the State Court of Dougherty County.
The truck carried more than a dash camera. It had in-cab video and a separate device that monitored the driver for distraction. A defense expert also downloaded the truck's data and measured its brakes. Kermani LLP demanded all of it for its own accident reconstruction expert and warned it would seek sanctions if the evidence was held back.
Georgia law backed that demand. In Phillips v. Harmon, 297 Ga. 386 (2015), the Georgia Supreme Court held that the duty to preserve evidence begins once litigation is reasonably foreseeable, not only after a lawsuit is filed. Before trial, the firm asked the court to address evidence it believed should have been preserved.
The firm then built a full trial team around the evidence: an accident reconstruction expert, a trucking safety expert, a biomechanics expert who studies timing, distance and reaction, an orthopedic surgeon, a prosthetics expert and a life care planner.
The Deposition That Strengthened the Liability Claim
The turning point came when Kermani LLP questioned the company under oath. Its representative was asked about the federal safety rules one by one: hours of service, electronic logging, pre-trip inspections and driver qualification files.
On each one, according to the testimony, the representative had to admit the same thing: it was not done. In Kermani LLP's view, the driver's hours were not tracked, the truck was barely inspected and the required records did not exist.
The truck driver's own testimony mattered too. The man the police report had fully cleared could not, under oath, say who was at fault, or put the blame on our client.
That changed the math under Georgia's 50% rule. A jury would no longer be weighing a ticket against nothing. It would be weighing the ticket against a company that skipped required safety steps and a driver who could not say our client caused the crash.
How a $0 Position Became a $2 Million Settlement
The negotiation history shows how far the case moved:
- Before the lawsuit: the company's claims administrator said our client caused the crash. There was no offer.
- Offer of settlement: Kermani LLP served a formal $2 million offer under Georgia's offer of settlement statute, O.C.G.A. § 9-11-68. The defense rejected it, pointing to the citation.
- A $100,000 offer: the company then offered $100,000. The firm said no and kept working the case.
- Trial preparation: expert reports, trial depositions, pretrial motions and a mediation that did not resolve the case.
- Trial set: with trial approaching, the defense agreed to pay $2 million, the same amount it had rejected.
Why the $2 Million Settlement Made Strategic Sense
Trial carried real risk. The jury would hear about the ticket, the paid fine and a police chief who supported the report. Under Georgia's 50% rule, a finding that our client was even half at fault would have meant no recovery at all.
Trial would also have asked a man in his eighties, living without his leg, to relive the crash in front of strangers and wait longer for help he needed now. The settlement ended that uncertainty. It matched the full amount the firm had demanded and was twenty times the defense's $100,000 offer.
What This Case Shows About Truck Accident Claims
One of the most important lessons from this case is that a police report is where a truck accident case starts, not where it ends. Trucking companies have safety duties that reach far beyond the few seconds before a crash, and those duties can shift how a jury sees fault.
- Who does the police report blame, and why? A citation or even a paid ticket is evidence, but in Georgia it is not conclusive proof of fault.
- What did the truck record? Dash cameras, in-cab video, distraction monitors and engine data can tell a different story than a roadside report, so they must be preserved early.
- Did the company follow the safety rules? Hours of service, logs, inspections and driver files are required for a reason, and gaps can make the company responsible for its own negligence.
A Difficult Case and a $2 Million Recovery for Our Client
No financial recovery can give our client back his leg. But this settlement lets him buy a home built for a wheelchair, live on his own and leave something behind for his children. It also holds the truck side responsible in a case where police had blamed him alone. You can read more in our story about this case.
If you or someone you love was badly hurt in a crash with a commercial truck, even one police blamed on you, Kermani LLP can investigate what really happened. Our Georgia truck accident lawyers serve Albany, southwest Georgia and Atlanta, and your case review is free.
Frequently Asked Questions About Truck Accident Claims in Georgia
Can I still sue if police said the truck accident was my fault?
Yes. A police report and a traffic ticket are evidence, but a jury decides fault in a civil case. Even a guilty plea to a ticket is only an admission the jury weighs with other evidence, and you can explain it. A plea of nolo contendere (no contest) cannot be used against you in a later civil case under O.C.G.A. § 17-7-95(c).
What if I was partly at fault for a truck accident in Georgia?
Georgia uses modified comparative fault under O.C.G.A. § 51-12-33. Your award is reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover anything.
Can I sue the trucking company, not just the driver?
Usually, yes. A company is generally responsible for a driver working for it. Under Quynn v. Hulsey, a jury can also assign fault to the company for its own failures, such as poor hiring, training, supervision or safety compliance.
Can I sue the trucking company's insurance company directly in Georgia?
It depends on when the crash happened. For claims arising on or after July 1, 2024, Georgia law allows a direct claim against a motor carrier's insurer only in limited situations, such as when the carrier is insolvent or bankrupt, or when the driver or carrier cannot be served. Older claims follow the prior, broader rule.
Is there a cap on damages in a Georgia truck accident case?
Georgia does not cap compensatory damages, such as medical bills, lost income and pain and suffering, in truck accident cases. Punitive damages are generally capped at $250,000 under O.C.G.A. § 51-12-5.1, with exceptions such as when the defendant acted with specific intent to harm or was impaired by alcohol or drugs.
How long do I have to file a truck accident lawsuit in Georgia?
Generally two years from the date of the injury under O.C.G.A. § 9-3-33. If a government vehicle or employee was involved, written notice is due much sooner: six months for a city (O.C.G.A. § 36-33-5) and twelve months for a county (O.C.G.A. § 36-11-1) or the state (O.C.G.A. § 50-21-26). Learn more about the statute of limitations.
What evidence should be saved after a truck crash?
Ask right away for the truck's dash camera and in-cab video, engine and braking data, electronic logs, inspection reports and the driver's qualification file. Under Phillips v. Harmon, a trucking company's duty to preserve evidence can begin once a lawsuit is reasonably foreseeable, and a preservation letter helps make that clear.
