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Minimum Insurance Required For Interstate Trucks

By Timothy Young

For many, sharing the road with semi-trailer trucks can be an intimidating and anxiety-inducing experience. These trucks are loud and imposing, and due to their size and cargo, they have the potential to cause extensive property damage and great bodily harm. Fortunately, there are federal regulations in place to ensure that motor carriers can assume financial responsibility for damages caused by their transport vehicles.

The Federal Motor Carrier Safety Regulations ('FMCSR') require for-hire motor carriers operating motor vehicles that transport property in interstate or foreign commerce[1] to obtain minimum levels of financial responsibility.[2] In other words, every for-hire motor carrier must maintain a minimum level of insurance on motor vehicles used to transport goods across state lines. If the motor carrier is transporting hazardous materials, insurance levels are substantially higher[3] and required for not only interstate and foreign commerce, but also intrastate commerce as well.[4]

Under the schedule of limits for public liability set for on January 1, 1985, a for-hire motor vehicle with a gross vehicle rating of 10,001 or more pounds that is transporting nonhazardous property in interstate or foreign commerce must maintain a minimum of $750,000 liability insurance.[5] These minimum levels of insurance are mandatory, and any person who knowingly violates this provision is subject to a civil penalty of up to $11,000 per violation, per day.[6]

According to the regulations, '[t]he purpose of these regulations is to create additional incentives to motor carriers to maintain and operate their vehicles in a safe manner and to assure that motor carriers maintain an appropriate level of financial responsibility for motor vehicles operated on public highways.'[7] We all hope that motor vehicle operators will drive safely and avoid dangerous behavior, but sometimes accidents are inevitable. Although there are exceptions to the rules,[8] it is comforting to know that the 'big rigs' you see on the highway all carry significant levels of liability insurance.

If you are the unfortunate victim of an accident involving a semi-trailer truck that was transporting goods across state lines, the FMCSR is a good place to start. These regulations also provide strict safety rules that can help you win your claim in court if you have been injured by an 18 wheeler. You can also find more information here to help with accident information and laws for trucks in Louisiana.

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[1] See 'Part 387.3: Applicability.' 73 FR 76496 (2008).

[2] See 'Part 387.7: Financial Responsibility Required.' 73 FR 76496 (2008).

[3] For-hire and private motor carriers are required to maintain $5,000,000 minimum insurance, if they are transporting certain hazardous substances. See 'Part 387.9: Financial Responsibility, Minimum Levels.' 73 FR 76496 (2008).

[4] See 'Part 387.3: Applicability.' 73 FR 76496 (2008).

[5] See 'Part 387.9: Financial Responsibility, Minimum Levels.' 73 FR 76496 (2008).

[6] See 'Part 387.17: Violation and Penalty.' 59 FR 63924 (1994).

[7] See 'Part 387.1: Purpose and Scope.' 48 FR 52683 (1983).

[8] Exceptions may apply based on gross vehicle weight rating and type of cargo. See 'Part 387.3: Applicability.' 73 FR 76496 (2008).

Originally posted at InjuryBoard by Timothy Young

Full post as published by New Orleans Personal Injury Lawyer on April 17, 2010 (boomark / email).