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What Happens if the Trucking Company’s Insurance Policy Isn’t Enough to Cover the Injuries? What Can Victims Do After an 18-Wheeler Crash

Every year, thousands of victims suffer catastrophic injuries or death in crashes involving 18-wheelers and commercial trucks. While federal law requires trucking companies to carry minimum insurance coverage, those limits often don’t come close to covering the real costs of a severe or fatal truck accident. In fact the minimum limit of $750K is so low that it’s often exhausted after ambulance or Medi-Vac helicopter transport and the first week or two of hospitalization just for one victim, much less multiple injured victims.

As a Board-Certified Personal Injury Trial Lawyer (Texas Board of Legal Specialization, since 1988) and a former attorney for the Supreme Court of Texas, I’ve seen firsthand how trucking companies, product manufacturers and insurers try to escape full responsibility when their coverage isn’t enough. Here’s what every victim needs to know about insurance limits, alternative sources of compensation, and how we can help investigate the multiple layers of control, fault and possible excess and umbrella insurance policies that might apply.

Minimum Insurance Requirements for Trucking Companies

Under federal regulations, all commercial motor carriers operating across state lines must carry minimum levels of public liability insurance. These truck insurance limits are set by the Federal Motor Carrier Safety Administration (FMCSA) under 49 CFR § 387.9.

FMCSA Minimum Coverage Levels:

However, these are just minimums. Many smaller operators carry no more than they are legally required to. In serious injury or wrongful death cases, that basic coverage can vanish with a single hospital bill or verdict.

Why Trucking Insurance Limits Often Fall Short

Man,Receiving,Physical,Therapy,With,Wheelchair,In,Foreground

A crash involving a semi-truck and a passenger vehicle rarely ends with minor injuries. These collisions often result in catastrophic harm—and the financial fallout can be devastating. Victims may suffer:

In these cases, total damages often exceed $2–5 million—and can be far higher when factoring in lifetime medical care, lost income, home modifications, pain and suffering, and long-term rehabilitation. Unfortunately, most commercial motor carriers carry only the federal minimum of $750,000 in liability insurance—an amount that barely scratches the surface in serious injury cases.

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Consider the real costs following a catastrophic truck crash:

  • Emergency medical response, including helicopter flights, can cost $25,000 to $70,000.
  • The first few days in a Level I trauma center—with emergency surgery, imaging, and stabilization—can easily exceed $75,000 to $200,000.
  • ICU care for burns or brain trauma can run $10,000–$20,000 per day.
  • Multiple surgeries (e.g., spinal fusions, limb salvage, or reconstructive operations) can add another $100,000–$500,000.
  • Victims may require months of inpatient rehabilitation, costing $80,000 to $150,000, plus long-term outpatient physical therapy, often $30,000+ annually.
  • A person with paralysis may need a custom wheelchair ($15,000–$40,000), a wheelchair-accessible van ($50,000–$90,000), and home renovations ($50,000–$100,000) to make their house livable.
  • Many can no longer return to work. A 35-year-old earning $60,000/year may lose over $2 million in future income, not including lost benefits, promotions, or inflation.
  • For those needing daily assistance, in-home nursing care can cost $4,000–$10,000 per month, or $100,000+ annually for specialized care facilities.
  • On top of that, victims often endure permanent emotional trauma, pain and suffering, and a drastically reduced quality of life—damages that can be worth millions more in the eyes of a jury.


When the trucking company only carries a $750,000 policy, even just the airlift and initial hospitalization can exhaust the entire policy. That leaves families with unpaid medical bills, uncovered income loss, and no resources for long-term care—unless a skilled attorney uncovers additional insurance policies or liable parties. That’s why a serious truck crash investigation must go beyond the obvious. Other sources of compensation may include:

  • Shippers that failed to properly secure cargo or gave dangerous loading instructions
  • Freight brokers that negligently hired unsafe or unqualified carriers
  • Third-party mechanics or contractors who failed to inspect or repair equipment
  • Truck manufacturers in the case of defective brakes, tires, or underride guards


In major truck crash litigation, identifying every potentially liable party—and their insurance coverage—is the only way to secure full and fair compensation for victims.

What Happens When Insurance Coverage Is Not Enough?

When a trucking company’s insurance policy isn’t enough to cover the full value of a crash victim’s injuries, there are still several legal strategies to pursue additional compensation.

  • Go after the trucking company’s assets: If the carrier owns equipment, vehicles, or real estate, those assets may be used to satisfy a verdict. However, many smaller companies may carry only the minimum required insurance and have limited ability to pay beyond that—making early asset investigation crucial.
  • Identify other liable parties with deeper coverage:
    • Shipping companies or brokers may be held responsible if they failed to vet the carrier properly (e.g., negligent selection).
    • Independent owner-operators may have their own commercial insurance.
    • Maintenance contractors who failed to service the truck properly can be sued under negligence theories.
    • Truck or parts manufacturers may be liable if a mechanical defect contributed to the crash.


In complex truck accident cases, fault may not be clear until after litigation begins. Discovery, depositions, and document production are essential for uncovering who had control, what safety obligations were breached, and what insurance layers exist.

Victims should also look to their own underinsured motorist (UIM) coverage, which can provide additional compensation once the trucking policy is maxed out. In Texas, UIM must be offered under Texas Insurance Code §1952.101. Finally, attorneys often uncover umbrella or excess liability policies through subpoenas—policies not listed in initial disclosures but that can make a critical difference in high-damage claims.

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Federal Violations That Expand Liability

In many catastrophic truck crash cases, there are also underlying violations of federal safety rules that strengthen a victim’s claim.

Relevant FMCSA regulations include:

  • Hours of Service violations (49 CFR §395)
    – Drivers on the road beyond legal driving limits due to pressure from employers
  • Improper load securement (49 CFR §393.100)
    – Dangerous cargo shifting, spilling, or causing center-of-gravity rollovers
  • Maintenance failures (49 CFR §396)
    – Missed inspections or skipped repairs resulting in blowouts or brake failures
  • Driver qualification issues (49 CFR §391)
    – Driving with a suspended CDL or expired medical card


Evidence of such violations may justify punitive damages or pierce layers of corporate protection such as shell companies, independent contractor defenses, or leased truck excuses.

Vicarious Liability: Going Beyond the Trucking Company

Truck accident lawyer near me helping clients recover from rollover injuries.It’s important to understand how vicarious liability works under the doctrines of agency law and respondeat superior—legal principles that allow injured victims to hold companies responsible for the actions of individuals or contractors acting on their behalf. Even when a truck driver is labeled an “independent contractor,” courts may still impose liability on the carrier, broker, or shipper if those entities exercised control over the work performed.

This is especially true when:

  • The trucking company dictated routes, rest breaks, or delivery schedules
  • The broker provided dispatch instructions or managed time-sensitive delivery windows
  • The shipper selected or approved the driver or truck configuration
  • The contracting party monitored or enforced safety procedures

Courts don’t just accept contract language at face value. Even if a written agreement says the driver is an independent contractor, judges will look at the totality of the relationship—including whether the company retained control over operational decisions. If a carrier or broker treated the driver like an employee in practice, they can be held vicariously liable for the driver’s negligence under state tort law.

 

For example, if a broker arranged a delivery and required specific routes or delivery times—and the driver caused a crash while rushing to meet that schedule—the broker could be partially responsible for creating the unsafe conditions that led to the wreck. Similarly, if a shipper chose a driver known to have past violations, or gave unsafe loading instructions, they could be directly or vicariously liable depending on the facts of the case.

 

Control equals responsibility. If a company directs how a driver performs their job, they may share legal accountability for what happens on the road—even if they never owned the truck or employed the driver outright. In  the truck accident lawsuit, Morales v. C.H. Robinson Worldwide Inc., the court held that a freight broker could be vicariously liable under negligence theories for injuries caused by a carrier it selected and exerted control over This principle is especially powerful in serious truck accident cases where the carrier’s insurance is inadequate or the driver has limited assets. By proving that a broker or shipper effectively controlled the conditions that caused the crash, experienced attorneys can help injured clients pursue deeper pockets and full compensation from all responsible parties.

Why You Need a Truck Accident Lawyer Immediately

If you’ve been involved in a serious truck accident, hiring a lawyer immediately can make the difference between a lowball settlement and full compensation. Trucking companies and insurers act fast to protect their interests—often sending response teams to the scene within hours. Without legal intervention, key evidence like black box (ECM) data, driver logs, maintenance records, and dispatch communications can be lost or destroyed. An experienced truck accident attorney with over 40 years under his belt knows how to preserve critical proof, launch a thorough investigation, and uncover every source of liability and insurance coverage—before it’s too late.

Here’s what the right truck accident lawyer will do for you:

  • Send immediate preservation letters to stop the destruction of vital evidence
  • Secure ECM (“black box”) data, dashcam footage, and driver records
  • Hire independent accident reconstruction experts to analyze fault
  • Identify all responsible parties, including brokers, shippers, and maintenance contractors
  • Uncover excess or umbrella insurance coverage that the adjuster won’t mention
  • Build a lifetime care plan to support long-term medical and financial recovery
  • Negotiate or litigate from a position of strength, never settling for less than you deserve


Every hour of every day after the trucking accident matters when it comes to securing evidence, interviewing witnesses and protecting your rights.

Don’t Let the Insurance Company Define What Your Life Is Worth

A serious truck crash can destroy a life in seconds—but the financial fallout lasts a lifetime. Most victims are shocked to learn that standard trucking insurance often doesn’t come close to covering the true cost of medical care, lost income, and long-term needs. But you don’t have to settle for less. You have legal tools—and we know how to use them. At Willis Law, we’ll launch an immediate investigation to uncover every liable party and every layer of available insurance coverage.

You deserve the full picture—and full compensation. We don’t get paid unless you win. Don’t wait. Call now for a Free Consultation with a Board Certified Personal Injury Trial Lawyer who has been certified by the Texas Board of Legal Specialization since 1988. We work on a contingency fee basis—so there’s no risk, no upfront costs, and no reason to face this alone. Let us fight to get you everything you’re owed.

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