Originally published by Scott Krist.
If you suffered serious injuries in a truck accident, insurance coverage is at the forefront of your mind. You need the at-fault party, whether it is the truck driver, trucking company, or another business, to have insurance coverage. The more extensive the policy and the higher the policy limit, the greater the likelihood you can recover an appropriate sum for your injuries. At the very least, you hope the truck driver and their employer meet Texas insurance requirements so that you can recover some amount of compensation.
Before pursuing an insurance claim after a truck accident, we recommend you reach out to The Krist Law Firm, P.C. at (281) 283-8500. To schedule a free consultation with a skilled Houston truck accident lawyer, contact us today through the online form.
Texas Insurance Requirements for Trucking Companies
Trucking companies, otherwise known as motor carriers, are required by Texas law to file proof of commercial automobile liability insurance for each vehicle registered to the business. The minimum amount of liability insurance required for bodily injury and/or death and property damage depends on the type of vehicle and cargo. This information is outlined in 43 Texas Administration Code (TAC) §218.16(a).
Some highlights from these requirements include:
- Vehicles transporting household goods with a gross vehicle weight, registered weight, or gross weight rating of 26,000 lbs. or less require at least $300,000 in coverage.
- Busses transporting 15-27 people and 27 or more people require $500,000 or $5,000,000 in coverage.
- As described in Texas Transportation Code §643.1015, school buses – regardless of their capacity – need to maintain policies of at least $500,000.
- Farm vehicles with a “gross vehicle weight, registered weight, or gross weight rating of 48,000 lbs. or more” need policies of at least $500,000.
Motor carriers that do business in multiple states must adhere to the Federal Motor Carrier Safety Administration’s (FMCSA) insurance requirements. The FMCSA’s minimum liability insurance requirements are also based on the type of truck and cargo.
Trucks carrying freight must have between $750,000 – $5,000,000, depending on the commodities transported; and $300,000 for non-hazardous freight moved only in vehicles weighing under 10,001 lbs. Passengers buses must carry $5,000,000 or $1,500,000 for businesses operating only vehicles with seating capacity of 15 or fewer passengers.
Other Types of Insurance Required for Texas Trucking Companies
Cargo insurance may be required for truckers and their companies in TX. For trucks carrying household goods, the company must have a minimum of $5,000 for loss or damage to a single shipper’s cargo carried on one motor vehicle, and a minimum of $10,000 for aggregate loss or damage to multiple shippers’ cargo carried on one motor vehicle.
Motor carriers who move goods between two or more incorporated cities, towns, or villages must provide workers’ compensation for all of its employees or accidental insurance coverage of at least:
- $300,000 for medical expenses for at least 104 weeks
- $100,000 for accidental death or dismemberment – including 70% of the employee’s pre-injury income for at least 104 weeks
- $500 for a maximum weekly benefit
Truck Drivers May or May Not Have Their Own Insurance
When truckers are employed by a motor carrier, they may be covered by the liability and cargo policies of their business. Truckers will then be required to carry their own non-trucking liability insurance, which will cover injuries and damages they cause while not on duty.
However, there are also circumstances in which truck drivers are independent contractors or own their own companies. In these situations, they are required to carry their own primary liability policies.
Call a Houston Truck Accident Lawyer After a Crash
After a trucking accident in which you suffer injuries, it is important to talk with an attorney as soon as possible. Through a thorough investigation, your lawyer will determine who was at fault for the accident, who is liable for compensating you for your injuries, and identify all of the relevant insurance policies. Then, with a thorough understanding of the insurance coverage, including the FMCSA and Texas insurance requirements, your attorney will pursue the maximum compensation possible for your injuries.
To learn more, schedule a free consultation with The Krist Law Firm, P.C. by calling (281) 283-8500, or submitting your information through our online form.
The post What Are Texas Insurance Requirements for Truck Drivers and their Employers? appeared first on Krist Law Firm.
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