Semi-Truck Accidents in Florida: What if a Commercial Truck is Not Properly Insured?
Every motorists in Florida is required to have minimum mandatory liability coverage. Notably, under Florida law and federal law, the insurance coverage requirements for large commercial trucks is higher. The reason is that tractor trailers pose a greater safety hazard. Yet, sadly, not all large trucks have the proper insurance. Here, our West Palm Beach semi-truck accident attorney explains your rights and your options if a tractor trailer that caused your crash was not properly insured.
An Overview of Commercial Truck Insurance Requirements in Florida
Every commercial truck that is on the road in Florida is required by law to have minimum mandatory liability coverage. Notably, commercial trucking in Florida is regulated under both state and federal law. Under Florida Statutes § 627.7415, intrastate carriers must maintain liability coverage ranging from $50,000 to $300,000 per occurrence. Trucks weighing over 44,000 pounds must carry at least $300,000 in combined bodily injury and property damage liability. For interstate operations, federal regulations (49 C.F.R. § 387.9) set a higher minimum. That number is typically $750,000 in public liability insurance. Though, the requirement can rise to as high as $5 million for hazardous materials transport. Interstate carriers must file proof of coverage with the Federal Motor Carrier Safety Administration (FMCSA) to maintain active operating authority.
Uninsured Truckers and Trucking Companies Must Be Held Accountable
Every commercial truck that operates in Florida must carry active liability insurance under both state and federal law. Unfortunately, some trucking companies and independent operators cut corners. When a semi-truck is involved in a serious crash and the vehicle is not properly insured, victims need strong professional representation. Here is an overview of your options:
- Bring a Claim Directly Against the Trucker or Trucking Company: You have the right to bring a claim (file a lawsuit) directly against the negligent trucker or trucking company. Whether they have assets against which you can bring a claim will depend on the case.
- Explore Your Own Insurance Options: Florida law requires all drivers to carry Personal Injury Protection (PIP) coverage. Among other things, your PIP coverage can provide compensation for medical expenses and lost income regardless of fault. You may also have Uninsured/Underinsured Motorist (UM/UIM) coverage available through your insurer.
- Other Liable Parties: Even if the truck itself lacks proper coverage, other parties involved in its operation may share liability. It can include the trucking company that employed the driver, the owner of the trailer, a freight broker, or a maintenance contractor. Florida law allows victims to pursue claims against any entity whose negligence contributed to the accident. Many carriers lease trucks or operate under complex logistics agreements. Do not assume there is no coverage without speaking to an attorney.
Call Our West Palm Beach, FL Truck Accident Lawyer Today
At Pike & Lustig, LLP, our West Palm Beach truck accident attorney has the professional expertise that you can count on when it matters most. If you have any questions about dealing with an uninsured tractor trailer after a crash, please do not hesitate to contact us today for a free case review. We handle eighteen wheeler accident claims throughout all of South Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.7415.html
