Matthew Minner | May 17, 2022 | Truck Accident
MCS 90 is an insurance endorsement for commercial truck insurance policies. In some cases, an MCS 90 endorsement could be why a truck accident victim receives compensation for their damages. If you are injured in a truck accident in Lexington, consult a truck accident lawyer to determine if you have an MCS 90 claim.
When is MCS 90 Required for a Commercial Truck?
The Federal Motor Carrier Safety Administration (FMCSA) requires a trucking company to purchase an MCS 90 endorsement for commercial trucks that operate across state lines. The endorsement is to the truck’s liability insurance policy. When the trucking company registers the truck, it must provide proof of insurance.
Why is an MCS 90 Endorsement Important?
Every insurance policy has exclusions. The policy does not cover every accident. Therefore, your truck accident might not be covered by the truck’s primary liability insurance coverage. However, if there is an MCS 90 endorsement, you might receive compensation for damages under the endorsement. The insurance company agrees to pay the claim even if the primary insurance policy does not cover the accident. The insurance company may then sue the trucking company seeking reimbursement of payments it made under the MCS 90 endorsement.
What Requirements Must a Victim Meet to File an MCS 90 Claim?
MCS 90 endorsements might not apply in all truck accident cases. The following requirements must be met for an MCS 90 endorsement to apply to your truck accident claim:
- The truck must operate across state lines
- The primary truck accident insurance coverage must exclude the accident
- The injured persons are not employees or independent contractors of the trucking company
- The trucking company is liable for the cause of the truck crash
- The truck accident caused the claimant’s injuries
- The injured person does not have any other source to compensate them for their damages
The insurance company is only liable up to the policy limits. There are minimum limits that the trucking company must purchase for MCS 90 endorsements. For example, the minimum coverage for a truck that does not haul hazardous materials is $750,000.
What Types of Damages Can I Receive for an MCS 90 Claim After a Truck Accident?
You may be entitled to non-economic and economic damages for an MCS 90 truck accident claim. The compensation you could recover depends on the facts of your case. However, most truck accident victims can receive damages for:
- Medical bills, including hospital stays, emergency room charges, surgeries, doctor’s bills, physical therapy, and other treatment costs
- Cost of medications, medical supplies, and medical devices
- The cost of nursing care and personal care
- Physical pain and suffering
- Loss of income, future wages, benefits, and future earning capacity
- Emotional distress and mental anguish
- Reduction in quality of life and loss of enjoyment of life
- Permanent impairments, disfigurement, and disability
A truck accident can cause catastrophic injuries. Nearly three-fourths of the injuries and deaths in large truck accidents are sustained by people outside the semi truck. Injuries can include spinal cord injuries, traumatic brain damage, amputations, paralysis, crushing injuries, and broken bones. Therefore, damages can be substantial. Wrongful death claims and disability claims can total millions of dollars. Victims may spend weeks in the hospital and months in physical therapy. The cost can be high.
What Should I Do After a Truck Accident in Lexington, KY?
Unfortunately, an MCS 90 endorsement does not guarantee payment for a truck accident claim. The trucking company and insurance provider have a strong incentive to fight truck accident cases. They do not want to pay large settlements.
Seek Medical Treatment
Always seek immediate medical attention after a truck accident. Most accident victims require emergency medical treatment. However, it is crucial that you follow up with your doctors and follow your physician’s treatment plan. Taking photographs of your injuries during your recovery helps document the severity of your injuries. Furthermore, keeping a journal detailing your pain, suffering, and problems during your recovery helps document your non-economic damages.
Contact a Lexington Truck Accident Lawyer For Help
As soon as possible, contact a truck accident lawyer. Semi truck accident cases are complicated. They involve federal trucking regulations, which could impact the outcome of a truck accident investigation. In most cases, accident reconstructionists, engineers, and trucking experts are necessary to assist with the investigation. They provide expert opinions and help gather evidence to determine who is responsible for the cause of the truck accident. Having an experienced truck accident attorney handle your case increases the chance of receiving fair compensation for your injuries and damages. An attorney handles the legal aspects of the case so that you can focus on your recovery. Your lawyer also protects you from aggressive insurance companies and trucking companies who might use bad faith practices to fight your claim.