Why Truck Accident Claims Are Complex: Insurance and Legal Insights

Categories: Blog
Why Truck Accident Claims Are Complex: Insurance and Legal Insights

Stillman & Friedland

5 min read

If you’ve been hit by a truck, here’s what you need to know: Your truck accident claim is different from a regular car crash. You’re dealing with bigger companies, stricter rules, and usually much higher insurance coverage. This means more money could be available, but it also means more complexity.

Your Truck Accident Claim Might Involve More People Than You Think

After a truck accident, you're not just dealing with another driver. Here's who might actually be responsible for your injuries:

People Who Could Be Liable

  • The trucking company (the "motor carrier"). They must follow strict federal rules found in 49 CFR Part 390.
  • The truck driver who needs a special Commercial Driver License. Their licensing rules are in 49 CFR Part 383.
  • The owner of the truck or trailer (sometimes different from the trucking company). This creates extra contracts and shared responsibilities.
  • The company that hired the truck (shipper or broker). Broker regulations are in 49 CFR Part 371.
  • Repair shops or parts manufacturers if bad maintenance caused your accident. See maintenance rules at 49 CFR Part 396.

Why This Helps Your Truck Accident Claim

  • More potential defendants means more insurance coverage available
  • Each party might have their own insurance company
  • But you need to act fast - each company keeps records for different time periods

Good News: Trucks Must Carry Much More Insurance

Here's something that might surprise you: Federal law requires most commercial trucks to carry at least $750,000 in insurance coverage. If they're hauling hazardous materials, it goes up to $5,000,000. Compare that to the typical $25,000 minimum for regular cars! See the exact requirements at 49 CFR § 387.303 and detailed tables in 49 CFR Part 387.

Even better, trucks have something called an MCS-90 endorsement. This is like a backup insurance policy that kicks in if the trucking company tries to deny coverage for your accident. You can read the actual form at 49 CFR Part 387, Appendix A.

How to Check a Trucking Company's Insurance

You can verify a trucking company's insurance yourself using these government tools:

  • FMCSA Company Snapshot - Shows the company's safety record, insurance status, and inspection history
  • Insurance filings are viewable through the same portal when available

Critical Evidence for Your Truck Accident Claim (And How Long It Lasts)

Time is not on your side. Trucking companies only have to keep certain records for limited periods. Here's what evidence might help your claim:

Was the driver drunk or on drugs?

Truck drivers must be tested immediately after serious crashes. If someone died or if the accident meets certain criteria, drug and alcohol testing is mandatory. See the requirements at 49 CFR § 382.303.

Was the driver too tired? (Electronic logs tell the truth)

Trucks have "black boxes" called Electronic Logging Devices that track exactly how long the driver was on the road. But trucking companies only keep this data for 6 months. See FMCSA guidance under 49 CFR 395.8(k).

The company's accident history

Trucking companies must keep an accident register for 3 years showing all their crashes. They also have to cooperate with investigations. See 49 CFR § 390.15.

Safety violations and maintenance problems

Trucks must follow strict rules about: Driving safety (49 CFR Part 392), Driver qualifications (49 CFR Part 383), and Truck maintenance (49 CFR Part 396).

Understanding Who's Responsible for Your Truck Accident Claim

Click below to learn about each party's potential liability (not legal advice)


Tennessee Truck Accident Claim Resources

If your truck accident happened in Tennessee, here are direct links to get the information you need:

Learn More About Truck Accidents

This article is part of our series helping truck accident victims understand their rights:

Need Help With Your Truck Accident Claim?

We know this is overwhelming. You're hurt, dealing with medical bills, and now you're learning that your truck accident claim involves federal regulations, multiple insurance companies, and evidence that disappears after just 6 months.

You don't have to figure this out alone. We can help preserve critical evidence, deal with the insurance companies, and make sure you get fair compensation for your injuries.

Call us at 615-244-2111 for a free consultation, or reach out through our online contact form. We'll explain exactly what we can do to help with your truck accident claim.

Because we care,
Stillman & Friedland