Motor carrier insurance filings can be an essential key for recovering the compensation you need after a devastating truck accident. These are filings that trucking companies send to the Federal Motor Carrier Safety Administration (FMCSA) to certify that they carry the required minimum insurance.
What Are Federal Motor Carrier Filings?
In order to transport cargo and or people, the Federal Motor Carrier Safety Administration (FMCSA) requires companies to meet certaininsurance requirements. The requirements differ depending on whether the company is a motor carrier, broker, or freight forwarder.
Additional specifications apply depending on the company’s operating authority as well as the type of cargo being transported and the type of vehicles being used.
Why Are Motor Carrier Filings Important For Your Truck Accident Case?
Included in these requirements is a stipulation for commercial truck companies to carry liability insurance. This insurance is required so that victims of truck accidents will receive the compensation they need for medical expenses and other losses caused by the negligence of their truck driver or their company. If you are injured in an accident where a company does not carry insurance, they may face fines and penalties.
While Florida is a no-fault insurance state, the severity of truck accidents means your injuries may meet the “serious injury threshold.” If you meet that threshold, you or your truck accident lawyer can file a claim against the at-fault driver’s insurance to recover the losses that go beyond yourpersonal injury protection (PIP) coverage.
If your injuries meet Florida’s “serious injury threshold” underFlorida Statutes § 627.737, you may pursue a claim against the truck driver, their employer, or both. In these cases, motor carrier insurance filings are crucial for identifying the insurer responsible for paying your damages.
Insurance filings also help determine the amount of coverage available. Federal regulations require minimum liability coverage ranging from $750,000 to $5 million, depending on the type of freight and distance of travel. Identifying these amounts early allows your attorney to evaluate whether the policy is sufficient for your long-term medical and financial needs.
In addition, the presence of these filings can establish that a company was operating in an official capacity. If the trucking company failed to maintain valid filings at the time of the crash, it may face federal penalties and be found liable for operating unlawfully. This can support claims of gross negligence or corporate misconduct.
Your legal team can also use discrepancies in filings as leverage. Suppose the insurance listed in FMCSA records differs from the company’s claimed insurer after the crash. In that case, it may indicate fraud, a lapse in coverage, or shell company tactics designed to shield assets.
What Losses Can You Be Compensated for After a Truck Accident?
When you have serious injuries, such as traumatic brain injuries, scarring and disfiguration, or spinal cord injuries, you are likely dealing with extensive medical bills and lost wages. At the same time, you recoup and, in some cases, suffer from permanent disabilities.
You may be able to recover fair compensation that covers losses like:
- Current medical expenses
- Future medical expenses, such as long-term nursing care
- Pain and suffering
- Loss of quality of life
- Loss of enjoyment of life
- Emotional distress
- Lost income
- Diminished earning capacity
In cases where a loved one passed away because of the accident, you may also be eligible to recover wrongful death damages. Apersonal injury attorney in Fort Lauderdale can fight for maximum compensation on your behalf.
We will investigate the accident scene and collect photographic, video, and physical evidence. We will also gather the police report, black box data, corporate and employment records, and medical records. We will handle all aspects of your personal injury claim.
If the crash results in the death of a loved one, surviving family members may also be entitled to file a wrongful death claim underFlorida Statutes § 768.21. Damages in these cases can include funeral costs, loss of companionship, and future income the deceased would have provided.
Securing the right insurance documents early in your case ensures that no compensation is left on the table. In some cases, multiple policies may be active, including primary liability, umbrella, and excess coverage. A skilled Fort Lauderdale attorney can locate all potential sources of recovery.
Trucking companies may also attempt to argue that their drivers were independent contractors, which could limit their liability. However, if filings show that the company held operating authority and insurance responsibility, this argument may be invalid.
The Role of Legal Strategy in Using Insurance Filings
While insurance filings are accessible through the FMCSA, accurately interpreting them requires specialized legal knowledge. A lawyer will not only verify coverage but also investigate the relationship between the driver and the carrier, determine if the driver was acting within the scope of their employment, and review prior safety violations.
If the trucking company has a history of insurance gaps, frequent policy changes, or non-compliance with federal filings, this could support punitive damages. These are awarded in cases of egregious conduct and are designed to deter similar negligence in the future.
Corporate entities often try to shield themselves from responsibility by layering operations through brokers or subsidiaries. Motor carrier filings help cut through these layers by identifying who held liability authority and whose name appears on the insurance certificate at the time of the crash.
Choose a Legal Team That Delivers Proven Results
At the Law Offices of Wolf & Pravato, our legal team knows how to uncover, analyze, and leverage FMCSA insurance filings to your advantage. With over 20 years of experience and millions recovered for injury victims, we are committed to holding negligent trucking companies accountable.
Our track record includes:
- $3.85 million recovery in a truck rollover accident in Fort Lauderdale
- $5.25 million wrongful death settlement from a truck crash
- $925,000 negligent security award in Miami
We use federal filings as part of a larger investigative strategy that includes accident reconstruction, review of black box data, and analysis of employment and safety records. We will work to identify all responsible parties and determine the applicable insurance coverages for your case.
Our firm operates on a contingency fee basis, so you do not owe us anything unless we win compensation for you. We will guide you through every step of the legal process and fight for the full amount you are entitled to.
Contact a Fort Lauderdale Accident Attorney
If you’ve been seriously injured in a truck accident, aFort Lauderdale truck accident lawyer can help you bring a truck accident claim against their insurance. The Law Offices of Wolf & Pravato have helped South Florida injury victimsrecover over $200 million in settlements. We will fight to recover a fair settlement for you and your family.
Contact us to get started on your case with a free initial consultation. Call (954) 633-8270 today to speak with a member of our legal team.