Jennifer Walker and four other family members from Eldon, Missouri suffered personal injury in a Missouri truck accident in Cole County, Missouri today when a 1978 International dump truck operated by 72 year old Jerome Kampeter of Jefferson City, Missouri pulled out in front of Ms. Walker's 2003 Mazda on Highway 54.
According to the Missouri Highway Patrol, Ms. Walker was eastbound on Highway 54 near the Honey Creek intersection when Mr. Kampeter attempted to cross the highway. When the International dump truck was within the intersection, Ms. Walker's car slammed into the side of the truck. After the car accident, Jennifer, Alexis, Christopher, John and Steven were transported to St. Mary's Health Center in Jefferson City, Missouri.
The incident report indicates the Mazda was completely totaled in the wreck while the dump truck sustained only moderate damage. The dump truck was insured by a company called Winter-Dent Insurance Agency, a local insurance broker with offices in Jefferson City and Columbia.
Commercial motor carriers are required by law to carry at least $750,000 dollars of liability insurance per incident, as opposed to the $25,000 dollars required for ordinary motorists. Recently, our law firm handled a case like this. The attorney argued in that case the truck driver was not operating interstate and was therefore not required to comply with the federal motor carrier reguations. At first glance, this may seem like a persuasive argument, but it is wrong.
Missouri has specifically adopted the Federal Motor Carrier Regulations in Chapter 390, RSMo. Because of this, it does not matter whether the trip was interstate or intrastate- the same rules apply.
In this particular Missouri truck accident, Ms. Walker was insured by Progressive insurance company. It is unknown what levels of insurance were carried. It is possible for Ms. Walker to recover medical payment coverage under this policy if she opted to include this coverage in her policy. In addition, she may have opted for underinsured coverage, which may be applicable in this case, although this is unlikely.
In every case, insurance coverage will need to be determined. This is a very tricky area of the law- especially with truck accidents. Additional federal regulations and recent federal court decisions have expanded the scope of MCS-90 endorsements for trucks, which may afford injured parties substantially more insurance than they might at first think. Since the law in this area is relatively new, many district courts throughout the United States disagree on how MCS-90 endorsements and insurance coverage should play out in cases like this. It is possible the same crash in one area of the country may result in a great amount of insurance coverage while the same crash in another part of the country would result in a small recovery. When district courts differ in how to reach a conculsion based upon the same set of facts, attorneys refer to this as a "circuit split." Usually, circuit splits are decided by the Supreme Court, but since the Supreme Court only takes certain cases to hear, it may be a while before the uncertainty in this area of trucking is finally decided once and for all.
If you have questions about MCS-90 endorsement or how the federal motor carrier regulations apply to a particular incident, feel free to contact our Cole County, Missouri personal injury lawyers to discuss your particular legal issue.