The INSURANCE Act Will Help Victims of Truck Accidents Get the Justice They Deserve

Truck Accident Tennessee

For years, we have been fighting to hold trucking companies accountable when the negligence of their drivers, staff, and employees leads to the injuries and deaths of innocent people. A collision with a big-rig is almost guaranteed to be life-altering, and some of the client we’ve helped over the years have suffered injuries so severe, and so catastrophic, that they will need medical care for the rest of their lives.

That type of care? It’s not cheap – and a lifetime of care means there’s no relief from the bills and mounting expenses, and no way to recoup the income loss of the injury victim. And even though a truly catastrophic injury can end up costing you millions of dollars over the course of your lifetime, the baseline for a trucking company’s liability hasn’t increased in 41 years.

That is why Rocky McElhaney Law Firm is fully behind a new bill that would finally allow truck crash victims and their families to see justice. The American Association for Justice (AAJ) states that the Improving National Safety by Updating the Required Amount of Insurance Needed by Commercial Motor Vehicles Act – or INSURANCE Act – “would require the Secretary of the Department of Transportation to tie the minimum insurance floor, currently $750,000 as set in 1980, to the rate of inflation of medical care as determined by the Bureau of Labor Statistics, every five years.”

The bill was introduced by Jesús G. “Chuy” García (D-Ill.) and Matt Cartwright (D-Pa.) on July 16, 2019, and would address the loopholes of the Motor Carrier Act of 1980, which deregulated the trucking industry in hopes of reducing costs and promoting competition.

What the Motor Carrier Act of 1980 says about liability

The INSURANCE act

Under the Act, the Secretary of Transportation was responsible for establishing a minimum liability threshold. The Act says:

“The minimal level of financial responsibility established by the Secretary… shall not be less than $750,000, except that the Secretary, by regulation, may reduce such amount (but not to an amount less than $500,000)… if the Secretary finds that such reduction will not adversely affect public safety and will prevent a serious disruption in transportation service.

If, at the end of the one-year period beginning on the date of enactment of this Act, the Secretary has not established regulations to require minimal levels of financial responsibility… the levels of financial responsibility for such class of transportation shall be the $750,000 amount… until such time as the Secretary, by regulation, changes such amount under this subsection.”

In the last 4 decades years, no Secretary of Transportation has ever changed the minimum threshold, even though the cost of healthcare has increased exponentially. In 1980, $750,000 may have been enough to protect a person who was left catastrophically injured by a truck collision. Today, it might not even cover the hospital stay, let alone the cost of medications and therapies that the victims will need.

Good legislation that is long past due

This is good, strong legislation – and it is long overdue. Insurance companies fight tooth and nail to ensure that they pay the least possible amount of money for claims. The trucking industry comes armed with a battalion of lawyers whose only goal is to reduce the amount of money their clients will have to pay. Even when their insured’s drivers are asleep behind the wheel, or don’t look before they merge, or don’t pay attention to the height of their trucks and get caught under overpasses, destroying bridges and roads alike – there is nothing that the insurance companies won’t do to keep their clients from being held accountable.

The burdens of truck accidents are borne by more than just those who sustain the injuries: they affect their families, friends, and loved ones, too. They’re borne by the taxpayers who have to replace the broken roads and guardrails. They’re borne by policyholders who have to absorb the costs of these accidents because their own UM/UIM insurance has to pick up the slack.

And like Representatives García and Cartwright, we also say “Enough is enough.”

We urge you to call your local Representative and urge him or her to vote for the INSURANCE Act, not only because it’s a good bill, but because it’s the right thing to do. Truck accident injury victims shouldn’t have to continue to suffer because the trucking industry doesn’t want to be held accountable for its errors. And if you are injured in a truck accident in Tennessee, remember that the Rocky McElhaney Law Firm will always fight for you and your family. Please call us at 615-425-2500, or fill out our contact form, and schedule a free consultation with a truck accident lawyer in Nashville, Hendersonville, or Knoxville today.

Learn more about truck accidents in Tennessee

Truck Accident Attorney’s Guide: A Complete Resource for Accident Victims

What Are the Most Dangerous Roads in Tennessee for Truck Accidents?

Truck Accidents Caused by Trucks Making U-Turns

Trucking Blind Spot Accidents Are a Big Problem

Badges

What Clients Say About Us

“I would like to express my sincere gratitude…”

"5 stars! I would like to express my sincere gratitude to you and all the attorneys who handled my case from The Rocky McElhaney Law Firm for your excellent representation in my case. Words cannot express my heartfelt thanks for your outstanding professionalism, expertise, and legal consultation."

Eddie H.

Rocky McElhaney Law Firm
5.0
2015-02-06T16:39:03+00:00

Eddie H.

"5 stars! I would like to express my sincere gratitude to you and all the attorneys who handled my case from The Rocky McElhaney Law Firm for your excellent representation in my case. Words cannot express my heartfelt thanks for your outstanding professionalism, expertise, and legal consultation."

“We could never begin to thank you for all of your help.”

"We could never begin to thank you for all of your help. We always refer folks to you and will continue as you are, “The Man!” We treasure your friendship and are so proud to say that Rocky McElhaney is our lawyer!"

Bobby and Beck P.

Rocky McElhaney Law Firm
5.0
2015-02-06T15:33:42+00:00

Bobby and Beck P.

"We could never begin to thank you for all of your help. We always refer folks to you and will continue as you are, “The Man!” We treasure your friendship and are so proud to say that Rocky McElhaney is our lawyer!"

“…You are not just a number, but a name.”

"5 stars! This is the greatest Law firm I have ever seen. They make you feel like you are being taken care of and you are not just a number, but a name. They are very concerned with your every need. Rocky we love your LAW FIRM!!"

Mary T.

Rocky McElhaney Law Firm
5.0
2015-02-06T16:39:44+00:00

Mary T.

"5 stars! This is the greatest Law firm I have ever seen. They make you feel like you are being taken care of and you are not just a number, but a name. They are very concerned with your every need. Rocky we love your LAW FIRM!!"

“Rocky McElhaney Law Firm went above and beyond the call of duty “

"5 stars! To whom it may concern: Rocky McElhaney Law Firm went above and beyond the call of duty when it came to handling my case. Rocky McElhaney and Russell Belk were there for me 100% of the way."

Linda S.

Rocky McElhaney Law Firm
5.0
2015-02-06T15:34:24+00:00

Linda S.

"5 stars! To whom it may concern: Rocky McElhaney Law Firm went above and beyond the call of duty when it came to handling my case. Rocky McElhaney and Russell Belk were there for me 100% of the way."

“You and your staff again are amazing…”

"As much as I love all the "thank you's" my friend is giving me for recommending you, I of course cannot take all the credit. You and your staff again are amazing and when I can, I wil refer you always. My friend is overwhelmed (her exact words) for how well you took care of her and her daughter."

Kerry W.

Rocky McElhaney Law Firm
5.0
2015-02-06T15:32:17+00:00

Kerry W.

"As much as I love all the "thank you's" my friend is giving me for recommending you, I of course cannot take all the credit. You and your staff again are amazing and when I can, I wil refer you always. My friend is overwhelmed (her exact words) for how well you took care of her and her daughter."

“Rocky McElhaney Law firm is filled with great people…”

"5 stars! If you’re looking for a team of great attorney’s, then you’ve reached the ones and no longer need to search. Rocky McElhaney Law firm is filled with great people that are empathetic, and will fight for you like they are fighting for themselves! Call them up and see for yourselves!"

Phillip H.

Rocky McElhaney Law Firm
5.0
2015-02-06T16:37:49+00:00

Phillip H.

"5 stars! If you’re looking for a team of great attorney’s, then you’ve reached the ones and no longer need to search. Rocky McElhaney Law firm is filled with great people that are empathetic, and will fight for you like they are fighting for themselves! Call them up and see for yourselves!"
5
6
Text Us615-246-5549