Maison Law can help you through the claims process when you’re injured in a truck accident in California. Nobody wants to be in an accident with a large truck, but once it happens, insurance is going to become very important. That’s why there are federal laws in place that set liability coverage minimums that trucking companies have to meet before they put their trucks out on the road. While that’s a legal requirement, not every company follows the law, and that can leave you with a lot of unanswered questions. Set up a free consultation today to talk over your options.
What 49 CFR 387 Says About Insurance Minimums For Trucking Companies After an Accident
With truck accidents in California, the insurance requirements are a little different from those that apply to everyday drivers. Under 49 CFR Part 387, federal law says that trucking companies have to carry minimum coverage in the event of an accident. However, those requirements differ depending on the type of truck and what cargo it’s carrying. Here’s a breakdown:
- Trucks carrying ordinary freight. Trucks that are carrying ordinary freight in California and have a gross vehicle weight rating of 10,001 pounds or more generally need at least $750,000 in coverage.
- Trucks hauling certain high-risk hazardous materials. Some trucks carrying specific hazardous materials (explosives, toxic substances, radioactive materials) must carry at least $5 million in coverage. This can apply to both for-hire and private carriers.
- Trucks carrying other regulated hazardous materials. For certain other types of oil, hazardous waste, and regulated hazardous materials, the minimum coverage is generally $1 million.
- Smaller trucks carrying certain hazardous materials. Even trucks with a gross vehicle weight rating under 10,001 pounds may need $5 million in coverage when transporting certain high-risk materials.
These federal standards are there for a reason. The injury risk is already high in a truck accident, and it only goes up when the truck itself is larger and carrying hazardous materials. And even though the trucking industry is tightly regulated by the government, companies will try to get around them to save money. That’s a problem when you’re hurt in an accident and you need insurance coverage to help you.
Why Insurance is Important After a Truck Accident
Truck accidents are among the most serious kinds of accidents you could be involved in for one big reason: the size and weight disparity between a large truck carrying cargo and your regular car is so great that any collision is likely going to result in pretty serious damage.
And in most truck accidents, the truck driver, the company they drive for, or the company that’s in charge of the cargo and scheduling are going to be responsible for paying for this damage because of their negligence. At that point, you have two options for getting financial help:
- Filing an insurance claim. This comes from the trucking company’s liability insurance policy, and that has to follow the minimums laid out in 49 CFR 387. Sometimes, that’s more than enough to cover your damages, but if the trucking company doesn’t follow the law, those policy limits won’t be there. It’s frustrating, but you have another option.
- Filing a personal injury lawsuit. If the insurance company won’t make a fair offer or its policies don’t cover all your damages, filing a personal injury lawsuit may be the next step. A lawsuit takes longer and involves more steps, but it’s a more powerful option because it takes the decision-making out of the insurance company’s hands and into those of a judge and jury. They get to decide what your claim is worth, and can account for fuller damages like:
- Current and future medical expenses
- Current lost income and a loss of future earnings
- Repair/replacement costs for your car
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Funeral and burial expenses, along with other damages in a wrongful death claim
In California, the deadline to file a personal injury claim is generally two years from the date of the accident. It can feel like you have plenty of time, but between medical care, missed work, and everything else that follows a serious truck accident, the months can go by quickly. No matter what your situation is, though, you don’t have to face it alone.
Reach Out to Maison Law After a California Truck Accident
Even under the best of circumstances, a truck accident is likely going to be serious. What’s worse is that insurance questions make things even more complicated. Trucking companies have a lot of resources to tilt things in their favor, whether they follow federal law or not, and that can leave you feeling overwhelmed.
That’s when it makes sense to reach out to our California truck accident lawyers at Maison Law. We can help you sort through those insurance questions by:
- Looking at whether the trucking company was required to carry minimum insurance under 49 CFR Part 387 and what coverage applies to your accident.
- Seeing if the trucking company or other insurance coverage is available to file your claim against.
- Checking the policy limits and relevant paperwork to get a better understanding of what may be available for your injuries and other losses.
- Handling the back-and-forth with the trucking and insurance companies so you don’t have to keep answering questions.
- Guiding you through the insurance claims process, then moving forward with a lawsuit if the trucking company’s policies fall short of what you need.
When you’re injured in a truck accident, the last thing you need to worry about is insurance policy minimums and coverage questions. Our team gives you the space to focus on getting better while we handle the claims side of things. Set up a free consultation today to get the help you need.
