Does Texas require higher policy limits for Semi Trucks?

The trucking industry is an important and vital industry in our country.  However, Semi trucks are extremely dangerous.  The law takes this into account and set minimum liability limits much higher than passenger vehicles.  Trucks in Texas have different liability rates depending on where they operate.  If at truck only operates in Texas (Intrastate) the policy limits are set by the Texas Department of Transportation.  If however the truck operates across state lines (Interstate) then Federal Law applies to the policy limits. 

• Limits Federal

• State

• Eroding Policy Limits

• Self Retention Policy Limits 

The Texas Department of Transportation sets the following minimum requirements for trucks operating within Texas.   

MINIMUM INSURANCE LEVEL // TYPE OF VEHICLE

$300,000 // Vehicles transporting household goods (gross vehicle weight, registered weight, or gross weight rating of 26,000 lbs. or less).

$500,000 // Buses designed or used to transport more than 15 people, but fewer than 27 people.

$500,000 // Commercial school buses, regardless of the passenger capacity as described in Transportation Code, §643.1015.

$500,000 // Farm trucks (gross vehicle weight, registered weight, or gross weight rating of 48,000 lbs. or more).

$500,000 // Commercial motor vehicles and vehicles transporting household goods (gross vehicle weight, registered weight, or gross weight rating in excess of 26,000 lbs.).

$5,000,000 // Buses designed or used to transport 27 or more people.

$1,000,000 // Commercial motor vehicles - Oil listed in 49 C.F.R. §172.101; hazardous waste, hazardous materials and hazardous substances defined in 49 C.F.R. §171.8 and listed in 49 C.F.R. §172.101, but not mentioned in items 8 or 9 of this table.

$5,000,000 // Commercial motor vehicles with a gross vehicle weight rating of 10,001 or more pounds - Hazardous substances, as defined in 49 C.F.R. §171.8, transported in cargo tanks, portable tanks, or hopper type vehicles with capacities in excess of 3,500 water gallons; or in bulk Division 1.1, 1.2, and 1.3 materials.  Division 2.3, Hazard Zone A material, or Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of a Class 7 material, as defined in 49 C.F.R. §173.403.

$5,000,000 // Commercial motor vehicles with a gross vehicle weight rating of less than 10,001 pounds – Any quantity of Division 1.1, 1.2, or 1.3 material; any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; or highway route controlled quantities of a Class 7 material as defined in 49 C.F.R. §173.403.

Transporting property covering public liability, property damage, and environmental restoration for the transportation of property by motor carrier or motor private carrier

MINIMUM LIABILITY // CARRIER

$750,000.00 // For-Hire Interstate General Freight Carriers

$1,000,000.00 // For-Hire and Private Carriers Of Oil and Certain Types of Hazardous Waste

$1,500,000.00 // For-Hire Passenger Carrier (Seating Capacity 15 or Less)

$5,000,000.00 // For-Hire Passenger Carrier (Seating Capacity More Than 15)

$5,000,000.00 // For-Hire and Private Carriers of Other Hazerdous Substances

In any accident investigation, the insurance company is looking for a reason to deny your claim.  Trucking accidents often result in lifelong medical conditions.  In Texas, General Liability Limits are set by Texas and Federal Law.  Some trucking companies opt for Extended Liability Insurance to provide more than the minimum coverage.  

SOME THINGS TO LOOK OUT FOR:

Self-Insured Retention Policy:  This occurs when the trucking company adds $250,000 to their insurance policy limits.  For example, a For-Hire Interstate General Freight Carrier usually has to carry $750,000 in policy limits.  However, a trucking company can increase the limit to $1,000,000.00 by adding $250,000 in self-insured retention to the policy.  The caveat to this is the trucking company is responsible for the first $250,000.00 in liability coverage.  

Eroding Policy:  This allows the trucking company to subtract its cost of defense from the policy coverage.  

Our firm can determine if the truck driver in the accident is an employee of the trucking company, the type of policy, the policy limits, the law that applies to the case, and any additional coverage which may be accessible to you.  Typically these things matter in a personal injury case.  If the trucking company is self insured, it can change the negotiation dynamics of the claim as well.  

Trucking and insurance companies have the resources to fight your case and build a counter claim against you.

Contact the Bleakney Law Firm (281) 815-0387 as your first step in the right direction. We can help you navigate through the process of a damaging truck accident to enable you to focus on your health and your family’s well being!