Insurance Issues in Truck Accidents
Big-rig and semi truck accidents are among the most serious types of motor vehicle accidents because of the massive size and weight of trucks and their cargo. Even the largest passenger vehicles – from SUVs to passenger busses – are no match for a fully-loaded truck in an accident. Due to this reality, the injuries suffered by Bronx truck accident victims are often extremely serious, and can range from broken bones to serious spinal cord injuries and traumatic brain injuries. Truck accidents can also result in extremely expensive property damage if a truck carrying hazardous cargo such as oil, gasoline or other hazardous chemicals is involved in a crash that causes the cargo to spill into the environment. The severity of the consequences of a Bronx truck crash often translates into massive damages that require extraordinary amounts of compensation to be paid if victims are to be made whole.
In recognition of this reality, the Federal Motor Carrier Safety Administration (the “FMCSA”), as well as the Department of Transportation of the State of New York, have adopted regulations that require trucking companies to purchase certain minimum levels of insurance to cover damages associated with serious truck accidents. It should be noted that New York State has adopted the Federal rules relating to these specific heightened insurance requirements, and enforces these same rules, along with the Federal government, in truck accident lawsuits. If you or a loved one are injured in a truck accident anywhere in the Bronx or elsewhere in New York City, you need experienced truck accident lawyers who can explain your rights to compensation, and tell you how these special truck insurance rules apply to your case. We at Jesse Minc Law Group offer free, no-risk consultations, and will explain these special insurance rules to you so that you can better understand your rights to compensation if you are the victim of a Bronx truck accident.How Do Special Truck Accident Insurance Rules Apply to My Truck Accident Case?
Not every truck on the road in the Bronx is subject to the FMCSA minimum insurance standards because these special insurance rules, generally, only apply to trucks weighing more than 10,000 pounds. However, for those trucks that do qualify (usually big-rig and semi-trailer trucks due to the weight requirements), Section 387.7 of the FMCSA regulations provides that every “motor carrier” (i.e., any owner, lessee and operator of a qualifying truck and its cargo) obtain at least the statutory minimum amount of insurance before taking a truck out on the road. Section 387.9 of the FMCSA regulations specifies the minimum levels of insurance required to operate a truck within the State of New York, and pretty much everywhere else in the United States.
These truck accident insurance rules require the following minimum amounts of insurance coverage, depending upon the class of truck and cargo involved: (i) $750,000.00 for every truck hired to transport property of any kind; (ii) $1,000,000.00 for every truck that is transporting oil or other types of hazardous substances or wastes that are not specifically identified in certain federal regulations; and (iii) $5,000,000.00 for every truck that is transporting certain specified types and/or amounts of hazardous chemicals as outlined in various specific federal regulations.
If this seems complicated and confusing to you, you are absolutely correct. Determining the appropriate minimum insurance coverage under these rules is confusing and difficult, but is absolutely essential to determining the ultimate value of every Bronx truck accident case to which these rules apply. Our Bronx truck accident lawyers are experts in the field of truck accident insurance coverage, and will explain how these rules apply to your truck crash lawsuit in simple terms that you can understand.
In addition to the special FMCSA truck accident insurance rules, insurance coverage in a truck accident case is also quite often available through other means. Additional truck insurance coverage will usually depend upon the determination of liability for a Bronx truck accident. For example, if a truck driver was hired by a particular trucking company to make a delivery, and is involved in a truck crash, the injured truck accident victim can sue both the driver and the driver’s employer (the trucking company) for negligence in causing the truck accident. As another example, if a negligent truck driver causes a truck crash while operating a truck owned by another person or company, the owner of the truck can also be held responsible under New York Vehicle and Traffic Law Section 388. The various parties who are deemed to be responsible for a Bronx truck crash usually will carry their own policies of insurance – which are often much larger than those applicable to the truck itself – from which compensation can be sought in a truck accident lawsuit.Contact Expert Bronx Truck Accident Lawyers Today to Learn More About Truck Accident Insurance
If you or a loved one have been injured in a truck accident anywhere in the Bronx or New York City, our team of experienced truck accident attorneys offers a free consultation wherein we will explain the insurance coverage landscape of your case. We believe that it is essential that you understand these concepts so that you can comprehend the compensation that will be available to you if your case is successful. We do not believe in making empty promises regarding a likely recovery to our clients, and believe that a fully informed client is the best kind of client in a truck accident lawsuit. We are extremely selective with respect to the Bronx truck accident cases that we accept so that we can guarantee that the proper amount of resources, time and attention can be applied to every case to ensure that every single case is properly prepared to win at trial and hold up on appeal. If a loved one is killed in a Bronx truck accident, we will help your family file a claim for wrongful death against those responsible for a fatal truck accident. As always, we offer our no-fee guarantee: if your case is accepted, you pay us not a single penny in expenses or fees unless we win your case.