Was the Truck That Hit You Crossing State Lines? Why It’s Important to Know.

Large trucks account for only 4% of registered vehicles in the United States, but are involved in 9% of fatal crashes. The number of people injured in crashes with big trucks has been on an upward trend for more than a decade. If you’re severely injured by a truck, you may be entitled to compensation for any injury or damage caused.

Depending on the truck that caused the accident, more compensation may be available when you suffer catastrophic injuries. This is because interstate trucks are required by federal law to carry more liability insurance than what is required by intrastate commercial vehicles. Additionally, interstate trucking companies are held to higher safety standards—which makes it easier to prove when those standards are violated.

Read on to learn the differences between intrastate and interstate trucking when it comes to personal injury claims. Then, contact us to get the help of a truck wreck lawyer who can help you get the compensation you deserve.

How Insurance Affects Compensation

After a truck accident that isn’t your fault, you can seek compensation by filing a claim with the negligent party’s insurance. The amount of compensation you can receive may be limited by how much insurance coverage the truck driver or trucking company carries. If your injuries and resulting medical expenses are significant, it is better to have a larger pool of compensation available.  

Coverage amounts vary depending on the company, where the truck travels, and what it was carrying. Generally, trucks traveling across state lines must legally carry larger policies than those that transport cargo only within the state of Louisiana.

Intrastate vs. Interstate Trucking Requirements

Each state has a minimum coverage limit for all vehicles to be on the road legally. Coverage for large trucks depends on their size and where they are traveling. 

Louisiana’s requires commercial vehicles to have a minimum of $15,000 in liability coverage for injuries per person injured, up to $30,000 per accident. It is very easy for truck crash injuries to surpass this amount in medical costs and lost wages.

If a truck travels over state lines, it instead must follow the federal limit. The minimum federal limit for trucks that weigh over 10,001 pounds is $750,000 in liability coverage (25x higher than the intrastate requirements!), but some may have a minimum as high as $5,000,000, depending on the cargo they carry.

Furthermore, interstate trucks are held to federal rules and regulations that are generally stricter than state rules. Interstate truck drivers are allowed to drive a maximum of 11 hours in a workday of 14 hours maximum, after which they must have a minimum of 10 hours off duty.

According to federal rules, drivers may not carry alcohol unless it is part of their cargo and must not have any drugs or alcohol 10 hours before their shift.

If the driver that hit you is found to have ignored any of these federal rules, it will be much easier to assign them fault for the crash.

Who is Responsible for a Big Truck Accident?

Because commercial trucks are such large vehicles, speeding, changing lanes abruptly or without signaling, tailgating, and reckless driving have serious consequences far greater than when smaller vehicles do the same.

When determining the fault of a vehicle accident, Louisiana uses an at-fault system that operates using comparative fault. This means each driver in an accident may be liable for a certain percentage of damages.

Multiple drivers, or even all drivers, in a wreck could be at fault, depending on the situation. Police at the scene, insurance claims adjusters, and the court will ultimately decide who is at fault in the accident.

If the truck driver is found to be at-fault, either they or the trucking company they work for may be held responsible for damages. Truck drivers may drive intoxicated, fatigued, or distracted and cause an accident. Or, the trucking company may have failed to adequately maintain its vehicles, causing a catastrophic engine or brake failure, or send their drivers on an inappropriate route to their destination.

Contact a Lawyer After Your Accident

A truck accident lawyer at Dudley DeBosier can help you navigate the legal process of filing a claim with an insurance company and starting the settlement process.

Our lawyers have decades of experience working with victims of semi-truck accidents, including those involving interstate trucking companies. Schedule a free consultation to discuss your case and find out how we can help you receive the compensation you deserve for your property damage and injuries.

This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.

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