What Is a Car Accident Case?

Injured in a crash with a commercial vehicle? Our attorneys handle claims involving delivery trucks, company cars, fleet vehicles, and employer liability.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a car accident in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Commercial Vehicle Accident Claims

Commercial vehicle accidents encompass a broad category of crashes involving vehicles operated for business purposes — including delivery vans, company cars, service trucks, government vehicles, and other fleet vehicles. While these cases share some similarities with standard car accident claims, they involve additional layers of liability, insurance coverage, and regulatory compliance that require experienced legal representation.

The Federal Motor Carrier Safety Administration (FMCSA) regulates vehicles exceeding 10,001 pounds gross vehicle weight rating, but many commercial vehicles fall below this threshold and are governed primarily by state traffic laws and employer liability principles. Regardless of vehicle size, when a driver causes an accident while performing work duties, their employer may be vicariously liable for the resulting injuries.

Types of Commercial Vehicle Accidents

Our attorneys handle the full spectrum of commercial vehicle crash claims:

Employer Liability: Respondeat Superior

Under the legal doctrine of respondeat superior, employers are vicariously liable for the negligent acts of their employees committed within the scope of employment. This means that when a delivery driver, sales representative, or service technician causes an accident while performing work duties, the employer — and its commercial insurance policy — can be held liable for the victim’s injuries.

Employer liability may also extend to claims of negligent hiring, negligent training, negligent supervision, and negligent entrustment. If the employer knew or should have known that the driver had a poor driving record, history of violations, or was unqualified to operate the vehicle, the employer may be directly liable for placing a dangerous driver on the road.

FMCSA & OSHA Regulations

Commercial vehicles exceeding 10,001 pounds or transporting hazardous materials must comply with FMCSA regulations, including hours of service limits, vehicle maintenance requirements, and driver qualification standards. The Occupational Safety and Health Administration (OSHA) also establishes workplace safety standards that may apply to employer vehicle operation policies. Violations of these federal regulations are powerful evidence of negligence in commercial vehicle accident cases.

Insurance Coverage in Commercial Vehicle Cases

Commercial vehicles typically carry significantly higher insurance limits than personal vehicles. Federal minimum requirements for motor carriers range from $750,000 to $5 million depending on cargo type. Even commercial vehicles not subject to federal minimums often carry substantial commercial auto insurance policies. Our attorneys identify all available coverage sources — including the driver’s personal policy, the employer’s commercial policy, umbrella or excess policies, and any third-party liability coverage — to maximize your recovery.

Building a Strong Commercial Vehicle Accident Case

Our investigation into commercial vehicle accidents includes obtaining the driver’s employment records and driving history, reviewing the employer’s hiring, training, and supervision practices, examining vehicle maintenance logs and inspection reports, analyzing GPS and telematics data from the commercial vehicle, reviewing hours of service logs for fatigue-related factors, and consulting with industry and safety experts to establish regulatory violations.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

What to Do After a Commercial Vehicle Accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. State law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Car Accident Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Commercial Vehicle Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.