What to Do Following a Truck Accident With an Uninsured Driver

Getting hit by a commercial truck is one of the most stressful things you’ll ever experience. While a crash with another passenger vehicle can be jarring, most collisions are minor, but no accident with a tractor-trailer is minor. Injuries, vehicle damage, and financial stress can leave you feeling overwhelmed and unsure of what to do next.

That’s why finding out that the other driver was uninsured or underinsured is so devastating. Not only are you racking up the financial and physical losses, but you may not even be able to recover your losses. The fact is that the other driver isn’t the only potentially liable party. It’s important to work with a truck accident attorney who can identify potential liable parties, negotiate on your behalf, and fight for fair compensation. Contact Kansas City Accident Injury Attorneys today to schedule a consultation.

Understanding insurance gaps in trucking cases

People generally assume that truck drivers are heavily insured. In theory, they really should be. Per federal regulations, many for-hire trucks transporting non-hazardous materials must have at least $750,000 in liability coverage, and certain trucks hauling high-risk hazardous materials may require $5 million in coverage.

The law looks clear, so how is it possible for truck drivers to be underinsured or uninsured? As you may imagine, insurance covering up to $750,000 or $5 million in damage isn’t cheap, and trucking companies may attempt to avoid responsibility through misclassification, coverage disputes, or improperly maintained insurance.

Companies may hire independent owner-operators to carry hauls. If those owner-operators carry inadequate coverage, the company may argue that it isn’t responsible because the driver is an independent contractor. However, courts may still hold the company liable depending on the specific facts.

Trucking companies have also been known to let insurance policies lapse while still keeping outdated policy certificates on file. This way, it looks like they’re meeting federal requirements, but they don’t actually have any coverage.

When companies break the rules like this, they put everyone in danger. If an accident occurs and coverage is lacking, victims could be left with hundreds of thousands of dollars in medical bills, lost wages, and other expenses.

Who can be held liable when a trucker is uninsured?

It’s important to note that truck drivers are not the only ones who can be held responsible after a crash. Trucking operations often involve multiple parties and layers of responsibility, and the potential for liability can be found at each step.

First, the truck driver may be personally liable if they are truly an independent owner-operator. Yes, it’s true that most people don’t have the assets to cover catastrophic injuries, but that doesn’t mean you’re out of luck. You may be able to collect a judgment via liens on the driver’s assets and wage garnishments that provide periodic payments, subject to Missouri’s garnishment limits and exemption laws.

On top of that, the driver may still be an employee even if the company claims that they are an independent contractor. Companies often misclassify employees to protect themselves legally and save money on taxes. But if a truck accident attorney can prove that the driver was an employee misclassified as a contractor, the trucking company’s insurance could be back on the table.

The trucking company can also be liable for harm caused by its drivers. Not only are they typically liable for their employees’ actions, but they can also be directly liable if they use negligent hiring practices, fail to verify insurance coverage, pressure drivers to violate regulations, or entrust a vehicle to someone who is unqualified to drive it.

The cargo loading company could also be liable if it failed to secure the cargo properly or used inadequate equipment.

If the truck involved in the crash was leased, the leasing company may be liable if they failed to ensure maintenance was done or if they did not verify insurance coverage before releasing the vehicle.

The list goes on – maintenance providers, repair contractors, vehicle manufacturers, and parts manufacturers could all share liability in a trucking accident.

Identifying all possible defendants

Part of navigating a truck accident claim is uncovering every single party who could be responsible for the accident, which is why it’s important to work with an attorney who can dig and dig until they find answers for you. Anyone can find out that a truck driver doesn’t have insurance and tell you that you don’t have a case; a strong truck accident lawyer will explore every lead we described above and fight for the financial recovery you deserve. Each potential liable party likely has its own insurance policy, and each of those policies represents a potential source of compensation for you.

Why talking to a truck accident lawyer must be your next step

Truck accident cases are incredibly complex, and insurance companies are extremely motivated to limit their financial fallout. They do not want to be on the hook for up to $5 million. An experienced truck accident attorney can trace hidden liability, find additional coverage not previously disclosed to you, preserve evidence, and handle negotiations and litigation on your behalf.

Insurance and trucking companies will likely pressure you to settle quickly or give up your claim after an accident, insisting that there’s no coverage available or that the driver was an independent contractor. When you work with the right truck accident lawyer, they can protect you from these tactics while advocating for you.

Start your truck accident claim now—we’re here to help

The team at Kansas City Accident Injury Attorneys can help you get to the root of the issue and find out who’s really liable for your accident in Missouri. Take the first step now by contacting us online for a free consultation.