State and Federal Laws that Apply to Trucking Accidents
Determining whether collisions involved interstate and intrastate truck accidents is fundamental when pursuing a claim. Federal laws apply for interstate accidents. State laws apply for intrastate accidents. Therefore, it is important to obtain an attorney who understands the different laws involved.
What Do Interstate and Intrastate Mean?
Interstate refers to commercial trucks that cross state lines when making deliveries. It also applies to trucks delivering cargoes that have final destinations which are out-of-state.
Intrastate refers to commercial trucks that operate strictly within the state, in this case, Texas. From a legal perspective, where the truckers operate is significant because different laws apply. In addition, insurance laws vary, depending on what type of insurance coverage is required for interstate and intrastate trucking accidents.
Insurance Coverages Differ
Minimum and maximum liability insurance requirements under the Federal Motor Carrier Safety Regulations (FMCSR)vary. They depend on the commodities being transported. In general, for freight, the coverage ranges between $750,000 to $5,000,000 in coverage.
By comparison, the Texas Motor Carrier Safety Regulations (TMCSR) coverage has a different range. It ranges between $300,000 and $5,000,000.
How Will Your Lawyer Know Whether the Truck Was an Interstate or Intrastate Vehicle?
Typically, the police report regarding the accident provides this information. Reports generally contain information such as registration and the transport company. Semi-trucks that you see on highways could be either. In addition, a semi-truck that transports freight bound for an out-of-state destination, is an interstate carrier. This is true even when the truck never leaves Texas.
Driving Regulations for Interstate and Intrastate Drivers
There are also different regulations that apply. Determining fault in an accident often involves regulation violations. For example under Texas law, a driver must not drive more than 12 hours after having eight consecutive hours off-duty. However, federal law limits drivers to a maximum of 11 hours driving time after 10 consecutive hours off duty. These laws exist to prevent driver fatigue, a common cause of accidents.
Get Experienced Legal Help with Interstate and Intrastate Truck Accidents
Many factors go into determining the best legal strategy for a truck accident case. Decades of experience has enabled the Law Office of Michael R. De La Paz to maximize recoveries on behalf of his clients. From Austin to Houston, or somewhere in between, he represents clients throughout Texas and also Illinois.
Arrange a free consultation to discuss your accident and injuries. When we take your case, there are no out-of-pocket expenses. We handle cases on a contingency fee basis—meaning there are no fees unless we win or settle.
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