Is a LLC trucking Co. protected from large awards in Vehicular homicide?

UPDATED: Oct 1, 2022

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Is a LLC trucking Co. protected from large awards in Vehicular homicide?

My brother was hit and killed when a 18 wheeler came from 2 lanes over to exit on an upcoming expressway exit. Is this LLC Co. protected from large monetary awards in this case?

Asked on September 29, 2017 under Personal Injury, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The company is not protected by the LLC form, but the company's owners (called "members" when they are the owners of an LLC) are protected from liability: that is, you can sue and recover from the LLC itself, but not from the people who own it. That's the whole point of an LLC: to protect the owners from the debts of or lawsuits against the LLC. Unfortunately, that means that if the LLC has insufficient income or assets to pay any judgment, or goes out of business, you may be unable to recover all, or sometimes any, of a judgment you get against the company: because only the company/LLC is liable, once it runs out of money or goes out of business, you can't reach the assets of the owners.
Note you can also sue the driver him/herself, though he/she may have little money to pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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