I was driving a company truck and was in an accident, and I was found to be at fault.

Asked in Atlanta, GA on March 14, 2025 Last answered on March 5, 2026

Since I was found to be at fault, can the other party sue me personally, or is my employer liable?

2 answers

Richard Kopelman
Answered by:

Richard Kopelman

Atlanta, GA
Kopelman Sitton Law Group, LLC 404-351-5900
Virtual Appointments
Answer

The short answer to your question is, yes, you can be sued personally where you caused a collision, even though you were acting within the course and scope of your employment at the time of the crash. While this is a potentially serious matter, it is highly probable that you will be covered by your employer’s insurance policy (it is hard to imagine a situation where you would not be covered). Thus, the insurance company—which will have teams of attorneys available to it—will handle the claim. That said, you should keep an eye on things because insurance companies, while owing a duty to its insureds, often acts in the best interest of the insurance company, not the policyholder or its employees. Thus, depending upon the severity of the crash and injuries, if any, sustained by others, you might want to consider retaining an attorney to keep an eye on things for you. Ultimately, the insurance company has a duty to resolve the claim within the applicable policy limits, which should be at least $750,000.00, and if it fails to satisfy that duty and you are subjected to a verdict that exceeds the coverage thereby exposing your personal assets, you would actually have a claim against the insurance company for its bad faith failure to settle the claim. Perhaps more information than you were looking for, and if you’re left with additional questions, please consult with an attorney.

March 14, 2025
David M. Van Sant
Answered by:

David M. Van Sant

Atlanta, GA
Van Sant Law, LLC 470-705-1322
Virtual Appointments
Answer

if you’re at fault, you need to contact your company and your insurance company. They will take care of all of the damages.

March 5, 2026

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