Federal law establishes a maximum weight of 80,000 pounds for semis operating on the interstate system; however, some states set higher load capacity maximums for trucks using non-federal roadways. If a loaded commercial tractor-trailer hits you, it can cause significant harm and property damage. When your injuries are severe, you may be dealing with the repercussions of the accident for years to come.
Even in an at-fault auto accident state like Texas, you may have difficulty recovering the compensation you deserve. In either case, you may be able to file a lawsuit to pursue a fair settlement.
What Are the Insurance Requirements for Truckers?
Unlike auto insurance requirements — which are regulated at the state level and can vary from state to state — the federal government sets the commercial trucking industry’s insurance requirements. Coverage minimums depend on vehicle weight and cargo. The requirements are as follows:
- Vehicles under 10,000 pounds carrying non-hazardous cargo: $300,000 in liability coverage
- Vehicles over 10,000 pounds carrying non-hazardous cargo: $750,000 in liability protection
- Vehicles over 10,000 pounds carrying hazardous cargo: $5,000,000 in liability coverage
- Passenger vehicles with a maximum seating capacity of 15: $1,500,000 in liability protection
- Passenger vehicles with a maximum seating capacity over 15: $5,000,000 in liability coverage
The law allows motor carriers or independent drivers to use a surety bond in place of insurance.
The owner of the semi is responsible for carrying liability protection. If the driver is at fault in an accident, the insurance or surety bond pays for damages up to the policy’s limits. However, depending on state laws where you live, you may need to file with your own insurance company first when you get into an accident.
When Can You Sue in a No-Fault Car Insurance State?
No-fault car insurance laws require drivers to carry personal injury protection on their auto insurance. These policies cover drivers, their passengers and pedestrians after a traffic accident. It doesn’t matter who is at fault; the driver’s coverage pays the medical expenses for those injured. However, they only cover the costs up to the policy’s limits.
Texas law requires insurers to offer at least $2,500 in personal injury protection coverage, which you may decline in writing. Texas PIP pays reasonable medical expenses and 80% of lost income, plus the cost of essential household services you can no longer perform, up to the policy limit. It does not provide for noneconomic losses, such as pain and suffering, disfigurement, or dismemberment.
Filing a Legal Claim
It isn’t difficult to imagine a truck accident causing more physical harm and suffering than what PIP coverage pays for. You can file a claim with the motor carrier or truck driver’s insurance in these instances. However, the state also allows injured parties to file a legal claim to pursue compensation that goes above coverage limits or isn’t included in a PIP or liability policy.
Most states establish a serious injury threshold. You must meet the criteria for a serious injury before filing a lawsuit. However, in many instances, damages that exceed policy limits meet the legal definition.
When Can You Sue in an At-Fault Car Insurance State
At-fault car accident states typically only require passenger vehicle owners to carry liability coverage to pay for medical and property damage for other drivers and their passengers, pedestrians and bicycles when they are at fault in a car accident. In Texas, the law stipulates that the minimum liability coverage limits are $30,000 per person, per accident, and up to $60,000 total for a single accident for bodily injury coverage. The minimum limit for property damage is $25,000.
If you live in Texas, insurance companies also must provide PIP coverage. If you wish to decline it, you must do so in writing. If you live in another at-fault state, you may want to check whether there is also a PIP coverage requirement.
After a truck accident, you would file a claim with the motor carrier’s insurance provider. You would also need to inform your insurer about the accident. The trucking company’s insurer will evaluate the accident, usually sending someone to investigate the crash site. They will review your account of the crash and the trucker’s recollection. Using this information, they determine whether and how much their client is liable for the collision and your injuries.
Filing a Legal Claim
If your injuries exceed the coverage limits of the truck driver’s or company’s insurance policy for medical expenses, you may be able to file a lawsuit. As with no-fault insurance state laws, at-fault auto accident states usually establish a serious injury threshold. The threshold may generally apply or determine when a claimant can sue for noneconomic damages such as pain and suffering.
Can You Sue if the Trucker’s Insurance Doesn’t Offer a Fair Settlement?
In most cases, you can file a lawsuit if you don’t get the compensation you deserve from the responsible party’s insurance company. Often, claims adjusters offer a quick settlement award. The award is meant to entice you to accept immediately based on the promise of prompt payment. However, you can be sure that these settlements are insufficient to pay for all the damages you incur.
The insurance company is trying to save money. It will usually require you to sign an agreement that states you will not pursue any future compensation for losses from the accident. If you don’t accept the offer and attempt to negotiate, you may still run into challenges in getting the company to pay for damages. If you can’t get the company to cover your losses, you can file a lawsuit, but you can’t accept the settlement offer, as doing so eliminates the option to sue.
The Impact of Negligence Laws
Insurance providers often attempt to deny their client’s level of liability, resulting in either a lower settlement offer or a claim denial. If you pursue a lawsuit, the company will attempt to prove that their client was not at fault or that you were at least partially responsible. If they manage to establish liability on your part, it impacts the outcome of your case.
Most states have a form of comparative negligence rule. Only 13 states follow pure negligence doctrine. This type of law allows claimants to recover damages in a lawsuit even if they share fault. It doesn’t matter their liability for the accident; they can collect a percentage of the awarded settlement. If they are 99% at fault, they still get 1% of the damage award.
Modified comparative negligence is the rule in 33 other states, including Texas. In these states, a claimant collects a percentage of the damage equal to the other driver’s liability, as long as the claimant’s liability does not cross an established threshold. States set the threshold at either 50% or 51%. In Texas, you are barred from recovering if you are more than 50% at fault.
Where Can You Get Help With Pursuing a Lawsuit After a Truck Accident?
If you’ve sustained injuries in a truck accident and wish to pursue a lawsuit for fair compensation, Fielding Law is here to guide you through the process. We have the experience, knowledge and resources to provide you with the support you need through this difficult time. We conduct thorough investigations to determine who is at fault and help you pursue damages from any parties that share the blame. Contact us today to schedule a free case evaluation.
