How to Get the Compensation You Deserve After Being Injured by an Unlicensed Truck Driver in Georgia

By Bruce MillarMay 2, 2023

Key Points:

Commercial truck drivers need specialized training to help prevent truck accidents.
Georgia has specific CDL requirements for truck drivers. Driving without a valid CDL in Georgia can result in severe penalties.
If an unlicensed or improperly licensed truck driver causes an accident, the trucker and the trucking company can be held liable.

Georgia law requires commercial truck drivers to possess a Commercial Driver’s License (CDL), as well as meet specific training requirements. These requirements are designed to ensure that truck drivers have the necessary skills and knowledge to operate a commercial vehicle safely.

Commercial truck drivers are required to follow stringent safety regulations, such as getting enough rest and not driving under the influence of drugs or alcohol. If a truck driver doesn’t follow these rules and causes an accident, they may be held liable.

If you’ve been in an accident with a commercial truck driver in Georgia, it’s important to know your legal rights.

Georgia’s CDL Requirements for Truck Drivers

A Commercial Driver’s License (CDL) is a special license that allows drivers to operate large, heavy, or hazardous material-carrying vehicles. In the US, the CDL is divided into three classes:

Georgia Class A License: will enable drivers to operate tractor-trailers, semi-trucks, or other combination of vehicles with a total weight of 26,001 pounds or more.
Georgia Class B License: will enable drivers to drive straight trucks, buses, and dump trucks that weigh 26,001 pounds or more.
Georgia Class C License: will enable drivers to use vehicles designed to transport 16 or more passengers or hazardous materials.

To obtain a CDL, drivers must first obtain a Commercial Learner’s Permit (CLP) by passing a written knowledge test. Then, after gaining driving experience, drivers must take a CDL skills test that includes a vehicle inspection, basic control skills, and an on-road driving test. Additional tests may be required depending on the type of vehicle and endorsements needed.

The Entry-Level Driver Training (ELDT) rule establishes minimum training requirements for individuals applying for a Class A or Class B CDL for the first time, upgrading an existing CDL, or obtaining specific endorsements. The ELDT rule covers both theoretical and practical training components. Individuals must complete the required training before taking the CDL skills test. Academic training covers essential operation and safety procedures, while practical training involves hands-on experience with a qualified instructor.

Consequences of Truckers Driving Without Proper Licensing in Georgia

Driving without a valid Commercial Driver’s License (CDL) in Georgia is a serious offense that can result in fines, suspension or revocation of the driver’s license, and even jail time.

According to the Georgia Department of Driver Services, the first offense for driving without a CDL can result in a fine of up to $2,500 and a one-year suspension of the driver’s license. A second offense within the next three years can result in penalties of up to $5,000 and a lifetime suspension of the driver’s license. Additionally, offenders may face charges for violating federal and state regulations governing commercial motor vehicles.

What Happens if an Unlicensed Truck Driver Causes an Accident in Georgia?

Operating a commercial motor vehicle without the proper Commercial Driver’s License (CDL) is considered negligence in Georgia. Truck drivers who fail to obtain a valid CDL or who operate a commercial motor vehicle outside the scope of their CDL are not qualified to operate these vehicles safely and, therefore, pose a risk to other drivers on the road.

If a truck driver causes an accident while driving without the proper CDL, they may be held liable for any injuries or damages resulting from the accident. The injured party may be able to pursue legal action against the truck driver and the trucking company for negligence. They may argue that if the driver was adequately licensed, they would have avoided making the negligent decision that resulted in the truck accident.

Furthermore, the fact that the driver was driving without a CDL may be used to convince the insurance company or even a jury that the driver should not have been on the road. And that the driver operating a vehicle on the road is where the negligence began, resulting in the accident.

What if the Drivers License is Expired?

Truck drivers are required to renew their CDL every four years. If a driver does not renew their CDL, it means they didn’t comply with the state’s regulations and wasn’t properly qualified or trained to operate a commercial motor vehicle. In this case, it can be argued that the driver’s failure to renew their CDL was a breach of their duty to operate the commercial motor vehicle safely.

Does a Lack of CDL Licensing Matter if the Car Driver is at Fault?

In most cases, if a car driver caused an accident with a truck, the lack of licensing of the truck driver would not necessarily matter in determining who is at fault. The car driver would be responsible for any damages or injuries they caused in the accident. However, if there was proof that an unlicensed truck driver caused or contributed to the crash, the driver of the car may still be able to pursue legal action against the trucker and their employer.

How to Determine if a Truck Driver Wasn’t Properly Licensed at the Time of an Accident

If you’ve been in an accident and suspect the truck driver involved did not have the proper license, there are ways to check their licensing status. First, you can request a copy of the police report for the accident, which should note if the truck driver was licensed. You can request a copy of the report from the police department that responded to the accident.

You can also check the Federal Motor Carrier Safety Administration (FMCSA) website. The FMCSA maintains a database of all commercial drivers in the US and their licensing information. You can search by the driver’s name or their CDL number to confirm that it’s current and valid.

Can I Receive More Compensation for an Accident Caused by an Unlicensed Driver?

Potentially. If you are injured in a truck accident caused by an unlicensed driver, you may be entitled to more compensation than you would be if the driver had been licensed. This is because the unlicensed driver may have been negligently or intentionally operating the truck illegally, and, if so, this may have contributed to the accident.

Can You Get Punitive Damages in a Truck Accident Caused by an Unlicensed Driver?

Punitive damages are awarded to punish the defendant for their reckless or intentional conduct. In a truck accident case, punitive damages may be awarded if the driver was acting in a grossly negligent manner, such as operating without a license, driving recklessly, violating the FMCSA regulations, or driving under the influence of drugs or alcohol.

However, it is important to note that punitive damages are not always awarded, even if the driver was at fault for the accident. The court will consider a number of factors, such as the state’s laws, before deciding whether to award punitive damages.

How to Begin or File a Personal Injury Claim Against an Unlicensed Truck Driver

If you have been injured in a car accident caused by an unlicensed truck driver, you may be entitled to compensation.

The first step is to seek medical attention for any injuries. After receiving medical treatment, you can file a personal injury claim against the truck driver.

To begin or file a personal injury claim, you will need to gather evidence of the accident, such as police reports, witness statements, and medical records. You will also need to contact an experienced personal injury attorney who can help you navigate the legal process and fight for the compensation you deserve.

The Millar Law Firm’s Georgia legal team has 30 years of experience in handling truck accident cases. We can help you get started and potentially recover a settlement. Contact us today at 770-400-0000 to schedule a free consultation. Our phones are answered 24/7.