Truck crashes often result in serious injuries and significant financial losses. When victims discover the trucking company does not have enough insurance to cover those damages, the recovery process becomes more complex. Federal regulations require motor carriers to maintain a baseline level of liability insurance, but these limits may not always reflect the true cost of catastrophic injuries.
The Federal Motor Carrier Safety Administration explains that companies hauling non-hazardous freight in interstate commerce must carry at least $750,000 in liability insurance. However, the agency’s Financial Responsibility Study found that while most truck crashes result in damages below these limits, the cost of severe crashes involving critical injuries can exceed $1 million, even though these catastrophic cases represent less than one percent of all commercial motor vehicle crashes.
When the trucking company is underinsured, a thorough investigation is often required to identify additional insurance policies or other parties who may share responsibility. Working with a knowledgeable truck accident attorney can help ensure all available coverage is evaluated.
How Liability Insurance Works in Trucking Accidents
Commercial trucking insurance typically includes:
- Primary liability coverage, which pays for bodily injury and property damage caused by the driver
- Cargo insurance, which protects the freight being hauled but does not cover injury victims
- Optional umbrella or excess policies, which some carriers purchase for additional protection but are not required
Many smaller trucking operations and independent drivers carry only the minimum required coverage. This can leave victims without sufficient resources, particularly in cases involving spinal cord injuries, traumatic brain injuries, or wrongful death, where the cost of medical care, rehabilitation, and long-term support may far exceed policy limits.
An experienced truck injury attorney can examine the carrier’s policies in detail and determine whether brokers, shippers, or other entities also hold liability insurance that may apply.
When Victims’ Own Coverage Becomes Important
If the trucking company’s policy does not fully cover damages, an injured person’s uninsured/underinsured motorist (UM/UIM) coverage may apply. UM/UIM coverage is designed to step in when:
- The trucking company carries no valid insurance
- The company’s liability limits are too low to pay for all losses
- The truck driver’s personal policy is also inadequate
Because UM/UIM claims often involve significant damages, insurers may delay, dispute, or deny valid claims to reduce their financial exposure. An attorney familiar with truck accident insurance claims can help navigate these complex claims and ensure no available coverage is overlooked.
Identifying Additional Responsible Parties
Even when the trucking company is underinsured, it may not be the only party legally responsible. Additional defendants may include:
- Freight brokers or shippers who hired an unsafe motor carrier
- Maintenance providers who failed to properly service the vehicle
- Manufacturers of defective truck parts that contributed to the collision
- Government entities responsible for dangerous road conditions
In some cases, even if the trucking company’s policy limits are exhausted, its corporate assets may still be pursued. Identifying all potential defendants is crucial in ensuring victims have access to every possible recovery source.
Steps to Take After Learning the Trucking Company Is Underinsured
Discovering the trucking company has insufficient coverage can feel overwhelming. However, taking prompt action can protect important legal rights. Victims should request full insurance documentation for both the driver and carrier, document all damages, notify their own insurance provider about potential UM/UIM claims, and preserve critical evidence such as police reports, photographs, and witness statements. Consulting a truck accident attorney before accepting any settlement ensures no coverage is overlooked and no deadlines are missed.
Why Legal Guidance Is Crucial
Underinsured trucking cases are legally complex because they often involve multiple insurers, layered coverage, and overlapping liability. An experienced attorney can investigate the trucking company’s corporate structure, locate hidden coverage held by brokers or shippers, and negotiate with all responsible insurers. If necessary, litigation may be required to pursue damages beyond policy limits.
Truck crashes can result in costs far exceeding the minimum insurance requirements, especially when they involve catastrophic injuries or multiple vehicles. Skilled personal injury attorneys help ensure every responsible party is held accountable and that victims have access to the compensation they need for medical care, lost income, and long-term recovery.
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