Truck accidents have the potential to cause serious injuries and lead to significant economic and non-economic losses. There are strict insurance requirements in place, meaning that the trucking company must have a certain minimum level of coverage. If the trucking company has not followed the law, you can be in a very difficult situation. A truck accident attorney can help you explore your existing legal options for obtaining financial compensation.
You may still have several pathways to a lawsuit. A truck accident lawyer can help you determine where and how you can seek a settlement. The money may ultimately come from your own insurance company, and it is not easy to get them to pay in full for your injuries if they are even willing to pay you at all. You need a McLean truck accident attorney for any case, and the need is more pronounced when the truck driver did not have the required insurance policy.
Understanding Insurance Requirements for Truck Drivers
Truck drivers are subject to strict insurance requirements due to the high risk associated with operating large commercial vehicles. These requirements are established by both federal and state laws and vary depending on the type of cargo, the weight of the vehicle, and whether the operation is interstate or intrastate.
At a minimum, truck drivers must carry liability insurance, which covers bodily injury and property damage to others in the event of an accident. The Federal Motor Carrier Safety Administration (FMCSA) mandates that trucks over 10,000 pounds operating across state lines maintain $750,000 to $5 million in liability coverage (although many commercial insurance companies do not write policies for under $1 million), depending on the type of cargo. For example, trucks carrying hazardous materials must carry higher coverage.
In addition to liability insurance, many trucking operations require cargo insurance, bobtail insurance (when the truck is being driven without a trailer), and physical damage coverage for their own vehicle. Leasing agreements and carrier contracts often require additional policy endorsements.
Trucking companies try to cut corners in several ways to maximize their own profits. They may do things like employ inexperienced drivers and put trucks on the highway that are not roadworthy. Although it may seem inconceivable that a trucking company would not spend the money to protect itself by purchasing insurance, in some cases, it can happen. In other instances, the trucking company may not have paid the premiums in time, and the policy may have lapsed.
You Can Sue the Trucking Company If They Did Not Have Insurance
If you suffered an injury in an accident caused by a truck and the trucking company did not have the required insurance, you still have the right to file a lawsuit against the company. Trucking companies are legally obligated to carry minimum levels of liability insurance to operate. When they fail to do so, they may be held personally and financially responsible for any damages.
Lack of insurance does not excuse a company from liability. In fact, it can strengthen your case by showing negligence or disregard for federal and state regulations. A lawsuit can seek compensation for medical bills, lost income, pain and suffering, and other damages. Additionally, punitive damages may be awarded to punish the company for reckless behavior.
However, you would have much more difficulty suing a truck driver who was an independent contractor. They do not work for a company that you would generally be able to sue. Nonetheless, you may have a legal case against the trucking company that engaged the independent contractor on the grounds of negligent hiring and retention. The company should closely scrutinize truck drivers before they ask them to do work, and they should theoretically check that the operator has insurance before they hire them for a job.
Filing a Claim Against Your Own Uninsured Motorist Policy If the Truck Driver Had No Insurance
If you were involved in an accident caused by a truck driver who did not have insurance, you can still recover compensation through your own uninsured motorist (UM) coverage. Uninsured motorist coverage is designed to protect you when the at-fault driver lacks insurance or in hit-and-run cases. In a truck accident, this coverage can be a critical safety net if the trucking company or driver fails to meet legal insurance requirements.
Filing a UM claim allows you to seek compensation for medical expenses, lost income, pain and suffering, and other losses—just as you would if the driver had insurance. However, your insurance company will step into the role of the liable party and may still try to minimize your payout. It’s important to treat this like any other legal claim: document the accident thoroughly, seek medical attention promptly, and consult with an attorney.
Why You Need a Truck Accident Attorney for an Uninsured Motorist Claim
Filing an uninsured motorist (UM) claim after a truck accident may seem straightforward, especially if you’re dealing with your own insurance company—but it’s not. Insurance companies, even your own, are focused on minimizing payouts. When the at-fault truck driver is uninsured, your insurer effectively becomes the opposing party, and they may challenge the extent of your injuries, the cause of the crash, or the amount of compensation you’re owed.
A truck accident attorney can level the playing field. These cases often involve complex liability issues, severe injuries, and significant financial losses. An attorney will gather critical evidence, including police reports, witness statements, and any available truck data, to build a strong case. They’ll also handle communications and negotiations with your insurer to protect your rights and prevent lowball offers.
Moreover, trucking accidents are subject to unique federal and state regulations. A lawyer experienced in truck accident claims can identify violations, such as a company’s failure to carry required insurance or maintain safety standards, which may strengthen your claim.
A Trusted Truck Accident Attorney Will Fight for Compensation
Ultimately, having a skilled personal injury lawyer ensures you’re not taken advantage of during a vulnerable time—and increases your chances of recovering full and fair compensation.