Georgia Targets Litigation Funding: SB 68 and SB 69 Change Trucking Claims

Friday, August 08, 2025

Georgia Targets Litigation Funding: SB 68 and SB 69 Change Trucking Claims

Georgia became one of the biggest battleground wins for tort reform in years. Trucking is right in the middle of it.

In April 2025, Governor Brian Kemp signed SB 68 and SB 69 into law. Together, they change how damages are calculated and how outside money influences big cases. SB 68 is live now and SB 69 kicks in January 2026.

Here’s what happened, who fought it, and what it means for motor carriers, drivers, and their insurance.

SB 68: The Civil Justice Overhaul

SB 68 is the main reform bill. It touches a lot of litigation rules that have been stacked against trucking companies in Georgia for years. Here’s what is in it, and what it actually means in real life.

1. Actual Medical Costs in Front of the Jury

Until now, juries could hear the “sticker price” of medical bills, even if insurance or write-offs meant the real number was much lower. Those inflated numbers became the starting point for pain and suffering awards.
Now: Only the actual amount paid, or still owed, for medical care can be presented.
For trucking: Cuts down on phantom damages in bodily injury claims, lowering the anchor point for settlements and verdicts.

2. Seat Belt Evidence Allowed

Before, you could not tell a jury if the injured party was wearing a seat belt.
Now: That evidence can come in.
For trucking: In crashes where a claimant was not belted, defense can argue that injuries were worse because of it, potentially reducing payouts.

3. Bifurcated Trials

A bifurcated trial is a court process where the trial is split into two separate phases, one to decide fault (liability) and another to decide damages. The same jury would hear both trials, but they only move on to the damages trial if they find the defendant at fault.

Before: Georgia juries have been hearing it all at once. Blame and payouts in the same sitting, which leaves plenty of room for emotions to win over facts.
Now: Courts will split it. First, the jury decides if the defendant is at fault. If the answer’s “yes,” then they move on to the trial about damages.
For trucking: This keeps juries from hearing big dollar figures before deciding fault, which can help reduce inflated verdicts driven by sympathy instead of evidence.

4. No Anchoring in Closing Arguments

Plaintiffs’ attorneys could suggest a sky-high number for pain and suffering even if there was no evidence for it.
Now: They can only suggest amounts that have a direct tie to the evidence.
For trucking: Removes one of the tactics that drives large, unpredictable verdicts.

5. Negligent Security Reform

Property owners, including trucking yards, warehouses, and terminals, were being sued for criminal acts by third parties, sometimes with very little connection to the property’s actual security.
Now: Plaintiffs must prove crimes were reasonably foreseeable and that security measures were inadequate.
For trucking: Gives carriers and facility owners a stronger defense in premises liability cases.

6. Faster Motions to Dismiss

SB 68 streamlines certain pre-trial motions, making it easier to get weak claims thrown out before trial.
For trucking: Lowers legal costs and shortens claim lifecycles.

7. No Double Recovery of Attorney Fees

Plaintiffs can no longer recover the same category of attorney fees twice in the same case.
For trucking: Removes a hidden cost multiplier in some lawsuits.

SB 69: Third-Party Litigation Funding Reform

This one is a game changer. Third-party litigation funding (TPLF) has been one of the trucking industry’s biggest hidden enemies for years. It is when outside investors, often hedge funds, private equity firms, or even foreign entities, bankroll lawsuits in exchange for a percentage of the payout.

These investors are not in it for justice. They are in it for the return. The bigger the verdict, the bigger their cut. That is why you see cases drag on for years and settlement offers get turned down, because someone in the background is pushing for a jackpot verdict.

SB 69 blows the lid off that system in Georgia.

Here is what changes:

Registration: Funders must register with the state, so they cannot hide in the shadows.
Disclosure: Funding agreements must be shared with all parties. No more mystery money influencing strategy.
Control Limits: Funders cannot dictate how the case is handled or whether it settles.
Foreign Adversary Ban: Certain foreign entities are banned from bankrolling Georgia lawsuits.
Cost Liability: Funders can be held financially responsible for frivolous lawsuits they bankroll.

For trucking: This is huge. It puts sunlight on one of the quiet forces driving nuclear verdicts in our industry. Now, defense teams and insurers can see who is really behind a lawsuit and why settlement talks might be stalling. It also takes away the leverage funders have had to keep trucking companies tied up in costly, high-stakes battles.

If you have ever wondered why a claim that should settle for $1 million ends up in front of a jury with a $10 million demand, there is a good chance a litigation funder was pulling the strings. As of January 1, 2026, that game changes in Georgia.

Who Backed It

Governor Brian Kemp and other state leaders
American Tort Reform Association
Insurance Commissioner John King
Business groups, including the Georgia trucking lobby

Who Fought It

Georgia Trial Lawyers Association
Consumer and victims’ rights groups
Some lawmakers worried about limiting access to the courts

Why It Matters for Trucking Insurance

Lower Claim Severity: Actual-cost medical billing and limits on anchoring can reduce jury awards, which may help stabilize liability insurance rates over time.
Better Defense Tools: Seat belt evidence, bifurcation, and negligent security reforms give defense attorneys more room to work.
Less Surprise Pressure: TPLF disclosure means carriers and insurers can see when deep-pocket funders are behind a case.
Premium Impact: Do not expect instant rate cuts. Insurers will wait to see how courts apply the new rules before adjusting prices.

Key Dates

April 21, 2025: SB 68 takes effect for most provisions.
January 1, 2026: SB 69 (litigation funding reform) kicks in.

Our Take:
This is one of the strongest tort-reform packages we have seen in years, and it hits multiple pain points for the trucking industry. If you operate in Georgia, now is the time to review your claims strategy with your insurer and defense counsel, and watch how the first cases under the new rules play out. Those verdicts will set the tone for insurance pricing, settlement values, and even where plaintiffs file cases.

Disclosure:

This post is for educational purposes only. It’s not legal advice, insurance advice, or a substitute for calling your agent. We’re good, but we’re not psychic. Policies vary, laws change, and courtrooms get weird. Don’t make decisions based solely on something you read on the internet, unless it’s from us, in writing, with your name on it.

All opinions are our own and do not represent the views of any carrier, employer, or underwriting department that occasionally wishes we were quieter on LinkedIn.