Trucking vs OwnerOperator FAQs
FAQs on suing trucking companies vs. owner-operators in Georgia — liability, independent contractor defenses, FMCSA violations, and case timelines answered.
Trucking vs OwnerOperator FAQs
What is the FMCSA’s role in my case?
The FMCSA sets the federal safety standards that govern commercial trucking in interstate commerce. Violations of FMCSA regulations — such as hours-of-service limits, driver qualification requirements, and ELD mandates — can establish negligence per se in your Georgia lawsuit and signal systemic safety failures to a jury.
How do I find out if a trucking company has a history of safety violations?
The FMCSA’s Safety Measurement System (SMS) is publicly available and tracks carriers’ safety performance scores across multiple categories. Your attorney can also subpoena the carrier’s internal safety records, inspection reports, and prior accident history.
Can I sue both the trucking company and the owner-operator?
Yes. If an owner-operator was leased to a carrier and operated under its authority, both may be named as defendants. Georgia’s comparative fault statute permits apportionment among multiple defendants, and your attorney should pursue all potentially liable parties to maximize your recovery.