Liability in truck crashes

Driver conduct and carrier responsibilities

Section 390.11 requires a motor carrier to require its drivers to observe applicable duties and prohibitions in the safety regulations. Driver impairment and vehicle maintenance have separate substantive rules. In Georgia, Section 51-2-2 addresses liability for a servant's torts committed in the prosecution and scope of the business. Contractor status requires further analysis under Sections 51-2-4 and 51-2-5, including the exceptions those statutes identify.^{[4][6][7][2][8][9]}

Shippers and loaders

The cargo rules establish securement requirements and driver inspection duties, including limited inspection exceptions for inaccessible or sealed loads. They do not decide every civil claim against a shipper or loading company. The record should identify who loaded or secured the cargo, what each participant could inspect and the duty alleged against that participant. A title such as shipper is not a substitute for that evidence.^[10][11]

Broker claims after Montgomery

On May 14, 2026, the U.S. Supreme Court decided Montgomery v. Caribe Transport II, LLC. It held that the state-law negligent-hiring claim concerning selection of a motor carrier fell within the FAAAA motor-vehicle safety exception and was not preempted. The Court reversed and remanded; it did not decide that the broker was negligent or establish liability for every claim involving a broker. Earlier decisions treating these negligent-hiring claims as preempted must be read in light of Montgomery.^[1]

Manufacturers and product condition

Georgia Section 51-1-11 provides a manufacturer-liability framework tied to the condition of a product when sold and proximate causation, with limitations and exceptions. A damaged component after a crash is not by itself proof of a defect when sold. The product theory is distinct from a claim that a carrier failed to maintain equipment after it entered service.^[3][7]

Related entries

• Leased trucks, owner-operators and contractor status Written equipment leases, carrier responsibility and the distinction between regulatory control and employment status.
• Cargo loading and securement Federal performance, equipment and driver-check requirements, and why loading responsibility needs its own analysis.
• Carrier records, preservation and spoliation Qualification files and carrier trip or maintenance records, with distinctions between retention schedules and litigation duties.
• Truck-crash claims and litigation costs Evidence, negotiation and the stages of a civil action, plus the distinction between contingent fees and case expenses.