What Happens If the at-Fault Party Doesn’t Have Truck Insurance?
Truck drivers and trucking companies throughout the country are required to carry insurance in case a driver causes an accident. The minimum levels for this insurance are set by the Federal Motor Carrier Safety Administration (FMCSA). However, sometimes trucking companies and drivers fail to carry the proper amounts of insurance.
What happens if the at-fault party doesn’t have truck insurance after an accident? Find out how you could get compensation from an uninsured or under-insured truck driver by checking out this article.
Truck Drivers Without Insurance Could Face Legal Sanctions
Carrying the correct amount of insurance is a legal requirement, according to the Texas transportation code. This means that drivers — or trucking companies — who fail to carry the proper amount of insurance could face criminal charges.
Not all truck drivers must carry the same amount of insurance. Generally, the amount of insurance they must carry depends upon the type of truck they drive or the kind of load they haul. According to the FMCSA, drivers must carry a minimum of:
- $300,000 if they are carrying under 10,001 lbs. of non-hazardous freight.
- $750,000 if they are carrying over 10,001 lbs. of non-hazardous freight.
- $1,000,000 if they are a private or for-hire carrier moving oil.
- $5,000,000 if they are a private or for-hire carrier moving other hazardous substances.
However, these are only the minimum amounts of insurance to be carried by a trucking company or a truck driver. In some cases, these drivers may be required to carry higher amounts of insurance. Additionally, there are situations where truck drivers carry no insurance at all.
You May Have Uninsured Motorist Coverage in Texas
Many insurance policies in Texas offer uninsured motorist coverage. This coverage protects you if you were struck by a driver who did not carry an adequate amount of insurance. However, this insurance is not automatically offered with all insurance claims.
You must have an uninsured motorist policy in place before your accident to benefit from this kind of insurance. However, if you do have an uninsured motorist policy, you could be awarded compensation to cover your medical expenses and the damage to your vehicle.
A Dallas truck accident lawyer may be able to help you file an uninsured motorist claim with your insurance company.
You Could File a Lawsuit Against the At-Fault Truck Driver
In some situations, you could file a lawsuit against a truck driver who caused your accident. However, many truck drivers who do not carry insurance simply do not have a large number of assets. This means that, even if you win your lawsuit, they may not have the funds to cover your costs for:
- Surgical procedures.
- Medical testing.
- Physical therapy and rehabilitation.
In this situation, you could end up with high legal expenses from filing a lawsuit. Speak with a Dallas car accident lawyer to consider whether or not you should file a lawsuit against the driver who caused your accident.
Consider Seeking Compensation from Another Party
Sometimes, a truck driver may not be responsible for the accident that caused your injury. For example, some truck accidents in Dallas occur because of a defect in the parts of the truck. The manufacturer of the defective vehicle or the defective vehicle part could be responsible for your collision in this situation.
Large companies often carry extensive insurance policies. A lawyer could help you file a product liability lawsuit to seek compensation if a defect in the truck resulted in a motor vehicle collision. By seeking compensation through a third-part, you could receive damages even if the truck driver did not carry truck insurance in Dallas.
Find out more about your options in this situation by contacting a lawyer right now. Your lawyer may investigate your case to assess the best way to bring you compensation for your healthcare expenses and other losses. Your lawyer may work with your insurance company or take steps to file a lawsuit on your behalf in this situation.
Talk to a Lawyer if the Other Driver Didn’t Have Truck Insurance
What happens if the at-fault party doesn’t have truck insurance? In this situation, you could want to get legal help in securing compensation for your medical expenses and other losses. Find out how by contacting a Dallas car accident lawyer. You may get a legal consultation regarding your options by reaching out to us.
Start building a case by calling (214) 305-8277 or filling out our online contact form.