Throughout the state of Tennessee, commercial trucks are a common sight on highways and other roadways. Often, the drivers operating these trucks are not the owners of the vehicles. Trucking companies usually train drivers to operate company trucks. Therefore, if a passenger vehicle is involved with a commercial truck, injured parties may be eligible to pursue compensation from the trucking company in addition to compensation from a negligent truck driver.
In June 2020, legislators on Capitol Hill debated an amendment to significantly increase the minimum required amount of insurance for commercial motor vehicles. The proposed amendment would increase the current Federal Motor Carrier Safety Administration’s minimum required coverage of $750,000 to more than double that amount at $2 million.
Proposed commercial trucking limit of liability increase
The amendment was ultimately approved and passed through the House of Representatives. Referred to as the “INVEST Act,” the legislation was designed to address the problem of catastrophic losses and minimum insurance limits that aren’t sufficient for families who have suffered loss as a result of a truck crash accident.
The increase in insurance limits is designed to assist with the protection and safety of businesses, as well as address inflation, as current liability limits were established almost four decades ago.
The INVEST Act must make its way through the Senate if it is to eventually become law. However, as this legislation has made it this far in the legislative process is an indication that the trucking industry needs to prioritize safety. Trucking companies bear significant liability if negligence or failure on their part causes the injury or death of others on the road.
The trucking company’s liability
Trucking companies owe certain duties to their own drivers, as well as motorists and passengers on the road to avoid tragic truck accidents. These include ensuring drivers are properly vetted before they are sent out on trips. In addition, trucking companies must conduct proper driving record and background checks. They must also ensure drivers have received proper training before they start making deliveries. Any failure of a trucking company to perform these tasks may be held liable for negligence if others are injured as a result.
In addition, if a trucking company hires a driver, and the company is alerted to the fact that the driver is unable to operate one of their trucks safely, but they retain the driver anyway, the trucking carrier may bear liability for any accidents. You can benefit from the services of an experienced truck accident attorney to evaluate your case and determine the potential liability of the trucking company for your injuries.
At Delius & McKenzie, PLLC, you can count on our Sevierville truck accident attorneys to help you secure compensation for your injuries. To arrange a free consultation with an injury attorney from our team, give us a call today at 865.428.8780, or leave us a message through our contact form. We offer our services to clients in Sevierville, Gatlinburg, Seymour, Pigeon Forge, and surrounding Tennessee localities.
Attorney Bryce W. McKenzie received his JD from University of Tennessee College of Law, and has been a clerk for the Court of Criminal Appeals. He is admitted in Tennessee, Federal Court, and the US Court of Appeals. Read more about Bryce W. McKenzie.
