Looking for an Ohio truck accident lawyer? Michael Leizerman has been named an Ohio Super Lawyer multiple times.
I have handled cases across the country. I am licensed in several states, and have local counsel in many states who I trust and work with closely. Select your state to learn more:
FMCSA Regulations
Truck accident attorney Michael Leizerman describes the FMCSA laws concerning insurance of trucks and trucking companies, and notes relevant past cases that involve the application of these laws.
Commercial truck insurance regulations are very different from car insurance. First, trucks must have at least $750k coverage by law. As a practical matter, $1million is the smallest policy you'll see. If the truck hauls hazardous materials, then it must carry $5M to protect the public. The most important thing for an attorney to remember is MCS-90. The MCS-90 endorsement must be included in a truck company's insurance policy by law to protect the public by eliminating loopholes and to pay for a person's medical bills, funeral bills and other damages. This is so the burden doesn't fall on the taxpayers. The MCS-90 applies when the underlying policy does not provide coverage for some reason. The mandatory language of the endorsement reads that ...the insurer agrees to pay... any final judgment recovered resulting from negligence... regardless of whether or not each motor vehicle is specifically described in the policy. This means that even if the truck isn't listed on the policy, there's still insurance coverage. An insurance company can cancel a policy with an MCS-90 endorsement by giving the truck company thirty-five days notice in writing. BUT, the insurance company must also give the Federal Motor Carrier Safety Administration office in Washington, D.C. thirty days notice. The thirty days is measured from the date the notice"”which has to be on the proper form"” is actually received by the FMCSA. If the policy isn't canceled using this exact procedure, then there's still insurance coverage. There have been several cases around the country"”one of which the US Supreme Court denied review"”that say under the right circumstances, the separate insurance company for the trailer of a tractor-trailer, or the insurance company for a shipper or for a loader of a truck has to pay for damages that a person or their family can prove. Even if there's no independent negligence on the trailer owner's part, there's still insurance coverage.
For attorneys who work with me, I supply this analysis in every case. If we've not yet worked together, I recommend reading two cases to get your bearings in this area: 1) Pierre v. Providence Washington Ins. Co., 784 N.E.2d 52 (2002) and 2) John Deere Ins. Co. v. Nueva, 229 F.3d 853, 857 (9th Cir. 2000), cert. denied, 534 U.S. 1127 (2002). My job is taking on unsafe truck companies and truck drivers who have caused a wreck. Please contact me if there's anything I can do to help.
