New Law Aimed at Reducing Unsecured Load Truck Accidents in Ohio
Posted in: Truck Accidents
KNR Legal Blog
Right now, Congress and the trucking industry are arguing over the insurance requirements for their vehicles. Many feel the insurance limits for truckers are too low and insufficient to help anyone catastrophically injured in a truck wreck. On the other hand, the trucking industry believes the current limits should stay where they are, arguing an increase wouldn’t improve safety.
At KNR, our Ohio truck accident lawyers understand what’s involved with such a change, but we appreciate how devastating these accidents can be. We hope this provides some clarity about the issue, especially if you’re pursuing compensation after a severe truck accident.
The Federal Motor Carrier Safety Administration requires commercial vehicles to carry:
These are the bare minimum requirements. Trucking companies and owner-operators can purchase insurance with higher limits. They can also purchase other insurance coverage, such as cargo, physical damage, bobtail, medical payment, uninsured/underinsurance motorist, and reefer breakdown coverage.
Most people don’t realize that semi-trucks can weigh up to 80,000 pounds. However, the average weight of a car in 2021 is 4,094 pounds, according to AutoList. Compact cars can weigh closer to 2,500 pounds. Compared to a semi-truck, the average family vehicle is small and light.
The size difference between cars and commercial trucks is significant. If a semi crashes into a car, the damage is substantial. In many collisions, the truck totals the car and severely injures its occupants. They may suffer catastrophic injuries, which means they become disabled and unable to work. Grave injuries also can lead to death in the days or weeks after the crash.
The high insurance requirements compensate individuals seriously or catastrophically injured in a collision caused by a negligent trucker or trucking company.
There may be more than one severely injured individual who needs compensation to cover tens or hundreds of thousands of dollars of medical expenses, lost wages, and future care. And that’s before considering the victims’ physical pain and suffering, emotional distress, and mental anguish, which they should also be compensated for.
Mid-2020, the House Transportation and Infrastructure Committee approved an amendment in the INVEST in America Act that would increase the minimum liability insurance requirement for commercial vehicles from $750,000 to $2 million.
The current $750,000 requirement was established in 1980, according to Representative Jesus “Chuy” Garcia (D-Ill.). Since then, neither Congress nor the FMCSA has adjusted the amount for inflation. He and other members of Congress are concerned the minimum policy requirement isn’t enough to compensate victims of truck accidents who suffer catastrophic injuries.
Both the American Trucking Association and the Owner-Operator Independent Drivers Association oppose increasing the minimum insurance limit. Sean McNally, ATA vice president of communications, went so far as to call it an “arbitrary increase.” The OOIDA says it could put owner-operators out of business.
Rep. Mike Bost (R-Ill.) called the possible increase a punishment against U.S. truckers. In 2020, Bost offered up an amendment that would remove the insurance increase provision from the INVEST in America Act. However, the committee rejected Bost’s amendment with a 38 to 30 vote, which means the increase remains possible.
The committee approved the INVEST in America Act, which will go to the House floor next. This current bill, HR 3684, is similar to one passed in the House in 2020 that died in the Senate.
When a negligent truck driver or commercial motor carrier was at fault, you can still pursue compensation from their exiting, sizeable insurance policy. We know this provides little comfort if you or a loved one are severely injured. But, on a practical level, it improves your chance of being made whole again and recovering what you need.
The best way to assess your situation and what to expect after a truck wreck is to consult a lawyer experienced with truck accidents caused by negligence.
KNR has decades of experience and well-documented history of maximizing recoveries. If you’re ready to talk, call KNR at (800) 487-8669 or reach out online. Your initial consultation is free, and you only pay us if you recover compensation.