Who do I Sue After a Truck Accident in Acworth or Kennesaw?

This is Roger Ghai and I wanted to talk today a little bit about who you sue or whom should be served with a copy of a lawsuit in case you find yourself involved in a trucking wreck and you don’t know who the trucking company is or whether they should be sued or something like that.
It’s really governed by the Unified Carrier Registration system and what that requires is that these interstate trucking companies, that is the trucking companies that travel throughout the United States, more than just one state, they have to register with the Unified Carrier Registration system and they have to specifically designate an agent for what we call in the law service of process, so that once a lawsuit is filed, the person designated by the trucking company is served with a copy of that lawsuit.
The trucking company must file a form with the Federal Motor Carrier Safety Administration which designates who the registered agent is. The registered agent can actually be canceled by the motor carrier, so long as they provide a substitute registered agent which is on file with the Federal Motor Carrier Safety Administration. Now also, you should note that in 2004, there is a specific rule that was enacted that required transporters of hazardous materials to register also with the Federal Motor Carrier Safety Administration.
That particular rule or regulation applies to both intrastate motor carriers as well as interstate motor carriers. What’s interesting about the Federal Motor Carrier Safety Hazardous program is that the safety administration will not grant a permit to any motor carrier of hazardous materials which is in the top 30% of the crash rate nationally. Just like any other motor carrier, a motor carrier in the business of transporting hazardous materials must apply to the United States Department of Transportation for a USDOT number.
If you have any questions about whether or who to sue in your trucking case or whether the truck involved was actually transporting hazardous material, you can call my office at 770-792-1000.