GA and TN Motor Vehicle Injury Litigation: 2025 Legal Developments Affecting Plaintiffs
New challenges and opportunities are expected to impact the injury litigation landscapes of Georgia and Tennessee in 2025. Recent and pending laws at federal and state levels can influence how catastrophic injuries and car accidents and truck accidents in Cartersville, Woodstock and North Georgia, as well as Chattanooga, Tennessee, are litigated.
Below are some of the legislative updates and emerging litigation trends Pritchard Injury Firm is following to ensure we continue providing the best protection for our clients and communities – in and out of the courtroom.
Motor Vehicle Accident Settlements In Georgia
New laws signed in 2024 will be cited while negotiating North Georgia injury claims in 2025.
For example, in April 2024, Gov. Brian Kemp signed Senate Bill 83 into law. This bill amendsthe Georgia Civil Practice Act (OCGA § 9-11-67.1), altering procedures for settlement offers in motor vehicle accident cases and went into effect on Jan. 1, 2025.
The law overwrites and replaces Georgia’s prior statute governing pre-suit, time-limited demands (TLD) in car accident and truck accident cases. This could help injured victims and their North Georgia and Tennessee car accident lawyers since it establishes more defined procedures for extending and responding to settlement offers. This may reduce ambiguities and disputes over the validity of offers, benefiting plaintiffs by streamlining negotiations.
If defendants or insurers are incentivized to settle earlier by avoiding penalties, it could lead to quicker resolutions. All offers are now bilateral contracts, allowing courts to enforce settlement agreements when both parties express their mutual intent to be bound.
On July 1, 2024, SB 426 went into effect. Also known as the “Direct Action Bill,” SB 426 limits the ability of a plaintiff to sue a motor carrier and its insurer simultaneously. This includes provisions for subrogation concerning unpaid final judgments related to legal actions involving motor carriers. This means that a third party, such as an insurance company, may assume the legal rights to recover debts owed as a result of these judgments in cases involving motor carriers.
Injured victims in North Georgia, Cartersville and Woodstock should take note, as SB 426 reduces the ability to pursue claims against the insurer directly (unless certain conditions are met), potentially complicating the legal process for recovering damages.
Updated Hands-Free Tennessee Law and Distracted Driving
Tennessee has a had a hands-free driving law since 2019 (§55-8-199). In 2024, the updated law added SB 0589, which enacts the “Eddie Conrad Act.” This establishes the number of points to be charged to a person’s driving record for violations of driving while using a wireless telecommunications device.
As previously discussed, the bill adds the following to the present law:
• A second or subsequent violation by a person who is younger than 18 years of age results in seven points being charged to the person’s driving record;
• If a person is 18 years of age or older, then a first or second violation of this law results in four points being charged to the person’s driving record; and
• If a person is 18 years of age or older, then a third or subsequent violation of this law results in five points being charged to the person’s driving record.
These recent laws and developments reinforce why victims should hire a qualified Chattanooga, TN, and North Georgia Injury Lawyer to build strong cases against drivers and motor carriers to maximize recovery.
Federal Legislation Would Benefit North Georgia and Tennessee Plaintiffs
Pritchard Injury Firm has consistently been a champion for strengthening federal protections for truck accident victims. This will ensure that residents of Woodstock and Cartersville, and nearby cities in North Georgia, as well as those in and near Chattanooga, Tennessee, have better options for pursing litigation with modernized valuations.
The Fair Compensation for Truck Crash Victims Act (H.R. 6884) remains under consideration in the legislative process. Introduced in December 2023 by Congressmen Jesús “Chuy” García (IL-04) and Hank Johnson (GA-04) the legislation aims to strengthen insurance requirements for interstate motor carriers and protect American families from the financial devastation caused by catastrophic truck crashes.
A release issued by the congressmen noted the two key changes proposed in the act:
- Increasing the minimum insurance requirement for interstate motor carriers from $750,000 to $5,000,000. This outdated figure, which has not changed since 1980, does not reflect rising medical costs and potential losses from serious crashes. The new minimum would reflect the true cost of a tragic truck crash.
- Indexing the new minimum insurance requirement to inflation. This critical provision ensures that financial protection for crash victims does not erode over time, keeping pace with the rising cost of healthcare and other expenses.
All lost lives are regrettable, but these proposals represent modern valuations, which the federal government has not updated since 1980.
The act’s proposed minimum insurance requirement takes economic and non-economic damages more accurately into account. Furthermore, the $5 million minimum will approach the Department of Transportation’s determination of the Value of a Statistical Life, which in 2022 was $12.5 million.
This law would put the onus on motor carriers to take stronger safety precautions to avoid truck accidents in North Georgia and Chattanooga, Tennessee. Furthermore, it would provide fairer justice and compensation for victims and their families, which is why Pritchard Injury Firm strongly supports the Fair Compensation for Truck Crash Victims Act.
Pritchard Injury Firm will continue to monitor the legislative developments impacting pedestrians, drivers, and truckers in North Georgia and Chattanooga, Tennessee in 2025 and beyond, to further provide the strong and compassionate representation our communities expect.
Zach Pritchard: Your North Georgia and Chattanooga Injury Lawyer
If you or a loved one are injured due to the negligence or recklessness of another individual or driver, our attorneys are here to help. The mission of Pritchard Injury Firm is to provide you and your family with the highest quality of legal help available and a professional, stress-free experience. Contact us today.