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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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