If you were hit by a delivery truck — whether it was a local courier, a third-party contractor, or a FedEx vehicle — you probably have two urgent questions: who can be held responsible, and how do you get compensation for your injuries, medical bills, lost wages, and pain and suffering?
The short answer is: often yes — you can sue the driver, and very commonly the company that employs (or contracts with) the driver — but Georgia law, evidence, fault allocation, and insurance rules make these cases more complicated than a typical car wreck.
Below is a practical, step-by-step guide that explains when a lawsuit is possible, who the likely defendants are, the rules that affect recovery, and what to do next.
Who can you sue after a delivery-truck crash?
Potential defendants in a delivery-truck crash in Atlanta include:
- The driver — whether a FedEx employee, an independent contractor, or a subcontractor. If the driver’s negligence caused the crash you can name them in a suit.
- The delivery company or employer — companies can be held liable under the legal doctrine of respondeat superior when the employee was acting within the scope of employment. That means if the driver was performing deliveries or company business at the time, the company may be on the hook. This is often how victims recover meaningful compensation, because employers carry larger insurance policies.
- A leasing or maintenance company — if poor maintenance or a defective part contributed to the wreck, the party responsible for vehicle upkeep may be liable.
- Third parties — other drivers, manufacturers, or even local governments (for dangerous road conditions) can be added when their conduct contributed.
Naming the right combination of defendants is important.
Suing only the driver may not yield full compensation if the driver has limited assets or insurance; suing the employer (or the employer’s insurer) is usually necessary in larger commercial vehicle claims.
Many plaintiffs bring both driver and company claims simultaneously.
Special considerations with FedEx or major delivery carriers
Large carriers like FedEx often have detailed claims processes and internal procedures.
If your crash involves a FedEx vehicle or driver, the company’s claims division will investigate.
You can file FedEx truck accident claims through their online portal, but an administrative claim is separate from a personal injury lawsuit — it’s a claims process the company uses to evaluate liability for shipments or third-party injuries.
Filing a claim with FedEx is usually recommended (it creates an administrative record), but it does not replace consulting a lawyer and preserving your legal rights.
Time limits: act fast — Georgia’s statute of limitations
Georgia has a strict time limit for most personal injury actions: you generally must file a lawsuit within two years after the date your right of action accrues (injury date).
Missing this deadline can permanently bar your case unless a narrow exception applies.
That two-year rule is one of the clearest reasons to contact an attorney quickly — even while you’re treating for injuries — so that deadlines are preserved and evidence is secured while it’s fresh.
Fault and damages: Georgia’s modified comparative negligence
Georgia follows a modified comparative negligence system with a 50% bar rule.
That means your recovery is reduced by your percentage of fault — but if you are 50% or more at fault, you typically cannot recover anything.
For example, if a jury finds you 30% at fault and total damages of $100,000, your award would be reduced to $70,000.
Because fault allocation can make or break recovery, detailed investigation and strong evidence are essential.
Common evidence and sources of liability in delivery truck crashes
Truck and delivery-vehicle claims often turn on these types of evidence:
- Accident report and police statements (get the crash report ASAP).
- Driver logs, GPS and route data (especially for commercial drivers subject to hours-of-service rules).
- Vehicle maintenance records and inspection logs.
- Company policies or training records showing whether drivers were pressured to meet unrealistic schedules — a frequent issue in delivery cases.
- Surveillance video from traffic cameras or nearby businesses.
- Witness statements and photos of the scene and damage.
- Medical records proving injury, treatment, prognosis, and costs.
Because commercial carriers maintain records and may be quick to delete or obscure electronic logs, a timely, lawyer-led investigation is frequently necessary.
How compensation is calculated in a commercial vehicle accident lawsuit
If you’re successful, damages in a commercial vehicle accident lawsuit can include:
- Medical bills (past and future)
- Lost wages and lost earning capacity
- Property damage (vehicle repair or replacement)
- Pain and suffering and emotional distress (non-economic damages)
- In some cases, punitive damages if the defendant’s conduct was especially reckless
The presence of an employer or insurer with deep pockets frequently increases the settlement value, but the same dynamics bring aggressive defense tactics.
That’s why many injured people hire an Atlanta truck accident lawyer or a seasoned delivery truck accident attorney experienced with commercial carriers and insurance adjusters.
Steps you should take right after the crash
- Seek prompt medical attention — your health is the first priority and medical records are critical evidence.
- Preserve evidence — photos, witness contacts, and the police report.
- Notify your insurer (be careful giving recorded statements).
- Document lost time and expenses — keep receipts, invoices, and notes.
- Avoid posting details on social media.
- Contact an experienced truck-accident attorney — they can handle insurer communications, subpoena essential logs, and preserve electronic data.
Should you accept the first offer?
Insurance companies — especially for large delivery carriers — often make early settlement offers that look attractive but rarely cover long-term medical care or future lost earnings.
Before accepting any offer, get a lawyer’s opinion.
A skilled Atlanta truck accident lawyer or delivery truck accident attorney will estimate full damages (including future costs) and advise whether an offer is fair.
When litigation becomes necessary
If the insurer or company refuses to pay a fair amount, your attorney may file a commercial vehicle accident lawsuit.
Lawsuits force formal evidence exchange (discovery), depositions under oath, and — if necessary — a jury trial.
Even when a case proceeds to litigation, most trucking cases still resolve by settlement before trial, but filing suit preserves your rights and escalates negotiation leverage.
Practical realities with large carriers and legislation
Laws and legislative changes occasionally affect how easily claimants can sue insurers directly or pursue certain damages.
For example, Georgia has seen recent legislative developments aimed at limiting direct suits against insurers in trucking cases.
These shifting rules highlight why local counsel who follows Georgia law closely is important.
How a lawyer helps — and the keywords that matter
Hiring a lawyer experienced with trucking and delivery cases makes a real difference. A qualified Atlanta truck accident lawyer or delivery truck accident attorney will:
- Investigate thoroughly (seek GPS, ELD logs, maintenance records).
- Identify liable parties (driver, employer, maintenance vendors).
- Quantify damages for truck accident compensation in Atlanta.
- Negotiate with insurers and, if needed, litigate the commercial vehicle accident lawsuit.
- Guide you through FedEx truck accident claims procedures while protecting your right to sue.
Bottom line
Yes — in most cases you can sue a delivery or FedEx truck driver after a crash in Atlanta, and in many cases the employer or the delivery company will also be a defendant.
But success depends on prompt action, solid evidence, and skilled navigation of Georgia’s two-year filing deadline and comparative-fault rules.
If you were injured, document everything, get medical care, and speak with an experienced Atlanta truck accident lawyer or delivery truck accident attorney as soon as possible to protect your rights and maximize your chances of obtaining fair truck accident compensation in Atlanta.
If your case involves a FedEx vehicle, file any administrative FedEx truck accident claims the company requires — but don’t rely on that alone.
FAQs
Can I sue a delivery or FedEx truck driver after a crash in Atlanta?
Yes. If a delivery or FedEx truck driver’s negligence caused your accident, you can file a lawsuit against the driver and, in many cases, the company that employs or contracts with them. Georgia law allows injury victims to hold both the driver and their employer accountable for damages such as medical bills, property damage, and lost wages. Consulting an experienced Atlanta truck accident lawyer helps you determine the right defendants and ensures all deadlines are met.
Can I also sue the delivery company or FedEx, not just the driver?
Absolutely. Most delivery and shipping companies are responsible for their employees’ actions when they’re performing job-related duties. This legal concept is called respondeat superior. So, if the truck driver was on duty making deliveries, both the driver and the company may be liable. A delivery truck accident attorney can help identify whether the driver was an employee or an independent contractor — a distinction that affects how your claim proceeds.
How long do I have to file a lawsuit after a delivery truck accident in Atlanta?
In Georgia, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline may permanently bar your claim. However, depending on the case — such as accidents involving government-owned vehicles — specific notice requirements may apply. An experienced attorney can ensure all filings meet Georgia’s deadlines for a commercial vehicle accident lawsuit.