Yes. In many cases, a commercial semi-truck is required to carry substantially more liability insurance than an ordinary passenger vehicle.
That difference matters because a crash involving an 18-wheeler or other large commercial truck can cause catastrophic injuries that are very different from those typically seen in an ordinary car accident. A passenger vehicle can be crushed, pushed underneath a trailer, or thrown from the roadway when it collides with a fully loaded tractor-trailer.
Victims may suffer traumatic brain injuries, spinal cord injuries, amputations, multiple fractures, internal injuries, paralysis, or other permanent disabilities. Medical treatment can continue for years, and some injuries can prevent a person from returning to work or living independently.
For that reason, one of the first questions after a serious commercial truck accident is not simply who caused the crash. How much insurance coverage is available?
How Much Insurance Does a Semi-Truck Have to Carry?
The answer depends on the type of trucking operation, the vehicle, the cargo, and whether federal or state requirements apply.
For a typical for-hire interstate property carrier operating a vehicle with a gross vehicle weight rating of 10,001 pounds or more and transporting nonhazardous property, federal regulations require at least $750,000 in financial responsibility for public liability. 49 C.F.R. § 387.9.
That is the federal minimum for that particular category of trucking operation. It does not mean that every semi-truck has exactly $750,000 of insurance.
Some trucking operations are subject to higher minimums. For example, federal regulations require $1 million or $5 million in financial responsibility for certain types of hazardous materials and substances.
The Federal Motor Carrier Safety Administration explains that insurance requirements vary depending on the motor carrier’s authority, the type of cargo, and the type of vehicle.
How Much Insurance Does a Standard Motorist Have to Carry?
The answer depends on the state where the vehicle is registered and operated.
In Texas, the minimum automobile liability limits are generally $30,000 for one injured person and $60,000 for two or more injured people in an accident. This is commonly called 30/60 coverage.
That means the minimum liability coverage required for an ordinary passenger vehicle can be dramatically lower than the federal minimum applicable to a typical interstate commercial truck.
Minimum Liability Insurance Requirements
Requirements scale sharply with vehicle class and cargo type.
| Vehicle |
Minimum Liability Requirement |
Ordinary Passenger Vehicle (Texas)
Standard |
$30,000 per person / $60,000 per accident |
Interstate Commercial Truck
Nonhazardous property, 10,001+ lbs.
Commercial |
$750,000 |
Certain Hazardous-Material Carriers
Hazmat |
$1 million – $5 million |
These are minimum financial-responsibility requirements, not guarantees of the amount of insurance available in a particular accident. A trucking company may have substantially more coverage through primary, excess, or umbrella policies.
Why Do Semi-Trucks Need More Insurance?
The potential consequences of a commercial truck crash can be enormous.
A tractor-trailer can weigh many times more than a passenger car. The size and weight difference can cause tremendous forces during a collision.
A truck accident can also involve other factors that increase the potential for serious injuries, including:
- The weight of the tractor and trailer.
- The weight of the cargo.
- The height of the truck compared with a passenger vehicle.
- Long stopping distances.
- Trailer underride crashes.
- Rollovers.
- Jackknife crashes.
- Multiple-vehicle collisions.
- Hazardous cargo.
When a smaller vehicle collides with a tractor-trailer, the occupants of the passenger vehicle may bear much of the physical impact.
That is one reason a seemingly straightforward truck accident can become a life-changing event for the people involved.
What Happens When a Semi-Truck Crashes Into a Car?
The injuries from a semi-truck collision can be catastrophic.
A person who walks away from an ordinary car accident with relatively minor injuries can face a completely different outcome in a collision with an 18-wheeler.
Depending on the circumstances, truck crash victims may suffer:
These injuries can create enormous financial consequences.
A seriously injured person may need emergency treatment, hospitalization, surgery, rehabilitation, medication, assistive equipment, home modifications, and ongoing medical care. The person may also lose substantial future income and earning capacity.
The amount of available insurance can therefore become extremely important in a serious truck accident case.
Does a Truck Accident Automatically Mean There Is $750,000 in Insurance?
No.
This is an important distinction.
The federal $750,000 minimum applies to a specific category of interstate for-hire property carriers. It does not mean that every truck accident involves a $750,000 policy.
The applicable insurance requirements can depend on:
- Whether the carrier was operating interstate or intrastate.
- Whether the carrier was operating for-hire or privately.
- The truck’s weight.
- The type of cargo.
- Whether hazardous materials were being transported.
- The identity of the motor carrier.
- The applicable federal and state requirements.
The actual insurance available in a particular truck accident can also be higher than the applicable minimum.
That is why an attorney should investigate the actual insurance policies rather than assume that the statutory minimum is the only coverage available.
Can a Semi-Truck Have More Than One Insurance Policy?
Yes.
A serious truck accident may involve more than one potentially applicable insurance policy.
Depending on the circumstances, an investigation may identify:
- The trucking company’s primary liability policy.
- Excess liability coverage.
- An umbrella policy.
- Insurance associated with the tractor.
- Insurance associated with the trailer.
- Coverage belonging to a truck owner or lessor.
- Coverage belonging to a freight broker.
- Additional-insured coverage.
- Contractual indemnity obligations.
- An MCS-90 or other financial-responsibility filing.
The existence of another policy does not automatically mean that it will cover your injuries. Coverage depends on the policy language, endorsements, exclusions, the parties involved, and the legal claims being made.
But identifying those potential sources of coverage is an important part of investigating a serious truck accident.
What Is an MCS-90?
An MCS-90 is a federal endorsement associated with certain motor carriers subject to federal financial-responsibility requirements.
It is sometimes misunderstood as simply another insurance policy. It is better understood as a federal financial-responsibility safety mechanism designed to protect the public.
The MCS-90 can become particularly important when an insurance company argues that the ordinary trucking policy does not provide coverage because of a policy exclusion, an issue involving the vehicle, or another coverage defense.
Federal regulations prescribe the MCS-90 endorsement at 49 C.F.R. § 387.15.
The Fifth Circuit has also described the MCS-90 as a safety net protecting the public when other coverage is lacking. T.H.E. Insurance Co. v. Larsen Intermodal Services, Inc., 242 F.3d 667, 671–72 (5th Cir. 2001).
This is one reason it is important not to accept an insurance company’s statement that “there is no coverage” without investigating the complete policy and applicable endorsements.
What If the Trucking Company’s Insurance Company Says There Is No Coverage?
Insurance companies may deny a truck accident claim for many different reasons.
For example, an insurer might contend that:
- The driver was not listed on the policy.
- The driver was excluded.
- The truck was not listed.
- The trucking company violated a policy condition.
- The truck was being used outside the scope of the policy.
- Another insurance policy should provide coverage.
A denial of ordinary coverage does not necessarily answer every insurance question in a commercial trucking case.
The policy, endorsements, motor-carrier filings, ownership records, employment records, and transportation agreements may all need to be examined.
Why Truck Accident Insurance Coverage Matters So Much
In a minor collision, insurance may primarily be a question of paying for vehicle repairs and short-term medical treatment.
A catastrophic truck accident is different.
A person who suffers a spinal cord injury, traumatic brain injury, amputation, or other permanent disability may require millions of dollars in medical and support services over the course of a lifetime.
The injured person may also lose substantial future income and earning capacity.
There may be no realistic way to make the injured person financially whole. But identifying all available insurance coverage can be critical to protecting the injured person’s future.
This is particularly important because insurance policies have limits.
If a trucking company has a $750,000 policy and there are multiple seriously injured people competing for that coverage, the available insurance may need to be divided among claims. If additional policies or potentially liable parties exist, identifying them early can make a substantial difference.
What Should You Do After a Serious Semi-Truck Accident?
If you have been seriously injured in a collision with a semi-truck, do not assume that the insurance company’s first position tells you how much coverage is actually available.
An investigation may need to determine:
- Who owned the truck?
- Who operated the truck?
- Who employed or contracted with the driver?
- Who was the motor carrier?
- Was the truck operating interstate or intrastate?
- What cargo was the truck carrying?
- What insurance policies covered the truck or trucking company?
- Were there excess or umbrella policies?
- Was an MCS-90 or another financial-responsibility filing involved?
- Were other companies, such as a freight broker or truck owner, involved?
The answers can affect both the liability investigation and the amount of insurance potentially available to compensate the injured person.
Does a Semi-Truck Accident Need to Be Investigated Differently From a Car Accident?
Often, yes.
A commercial truck accident can involve substantially more evidence and more potentially responsible parties than an ordinary passenger-vehicle collision.
Depending on the circumstances, evidence may include:
- Driver logs and hours-of-service records.
- Electronic logging device data.
- Vehicle inspection records.
- Maintenance records.
- Black-box or electronic control module data.
- Dash-camera or other video.
- GPS information.
- Dispatch records.
- Cargo and loading records.
- The driver’s employment records.
- Drug and alcohol testing records.
- The trucking company’s safety records.
- Federal Motor Carrier Safety Administration records.
- Insurance policies and endorsements.
- Contracts between the carrier, broker, shipper, owner, and lessor.
Some of this evidence can disappear or become more difficult to obtain as time passes.
That is why a prompt investigation can be particularly important after a catastrophic truck collision.
What If a Family Member Was Killed in a Semi-Truck Accident?
A fatal truck collision can leave a family facing not only the loss of a loved one but also substantial financial consequences.
Depending on the circumstances and applicable law, a wrongful-death claim may involve damages associated with lost income, financial support, medical and funeral expenses, and the loss suffered by surviving family members.
The available insurance coverage can become particularly important when a family has lost the person who provided all or much of its financial support.
A lawyer investigating a fatal truck accident should therefore look beyond the first insurance policy and determine whether additional coverage or potentially responsible parties exist.
How Can a Truck Accident Lawyer Help Find Available Insurance?
A truck accident lawyer can investigate both who is responsible for the crash and what insurance coverage may be available to pay the resulting claim.
That investigation may include obtaining the trucking company’s insurance policies, identifying applicable federal filings, determining whether an MCS-90 exists, investigating other potentially responsible companies, and evaluating excess or additional coverage.
The objective is not simply to find an insurance policy.
It is to determine the full amount of potentially available coverage and which parties may be legally responsible for the injuries.
What Is the Difference Between a Car Accident and a Semi-Truck Accident?
The biggest difference may be the potential severity of the injuries and the complexity of the claim.
An ordinary car accident can certainly cause catastrophic injuries. But when a passenger vehicle collides with a large commercial truck, the enormous difference in size and weight can create especially severe consequences.
The insurance and legal issues can also be more complicated because commercial trucking operations are subject to federal and state regulations and may involve multiple companies and insurance policies.
For someone seriously injured in a truck crash, those differences matter.
Were You Seriously Injured in a Semi-Truck Accident?
If you or someone you love suffered serious injuries in a collision with an 18-wheeler, tractor-trailer, or other commercial truck, the amount of available insurance should be investigated carefully.
Do not assume that the first policy an insurance company identifies is the only source of coverage.
Do not assume that a statement that the driver was not covered means that there is no potential recovery.
And do not assume that the minimum insurance limit is necessarily the maximum amount of coverage available.
A thorough truck accident investigation should examine the trucking company, the driver, the truck and trailer, the carrier’s insurance, applicable federal and state requirements, and every other potentially responsible party.
If you or a family member has suffered catastrophic injuries in a collision with a semi-truck, contact a truck accident lawyer to investigate the crash, identify the responsible parties, and determine what insurance coverage may be available for your claim.