The short answer
Commercial vehicles—especially interstate tractor-trailers—usually carry much higher liability coverage than ordinary cars. Federal rules set minimum financial responsibility levels for many motor carriers (often $750,000+, and higher for certain hazardous materials) and some carriers add an MCS-90 endorsement to protect the public. In Kentucky claims, that often means there’s more coverage available for serious injuries—if you preserve evidence and pursue every eligible source.
Why payouts can be higher in commercial-vehicle cases
1) Federal minimums for many motor carriers
Motor carriers operating certain commercial motor vehicles (CMVs) in interstate commerce must meet minimum financial responsibility under 49 CFR §387.9 (e.g., $750,000 for most non-hazmat freight; higher amounts for specified hazardous materials).
2) The MCS-90 “safety-net”
Many federally regulated carriers have an MCS-90 endorsement, which functions as a public-protection backstop to ensure federally required minimums are available when a covered vehicle causes public liability—complex, but important when coverage is disputed.
3) Bigger risks → bigger policies
Freight fleets often buy higher limits than the federal minimums due to business risk, shipper requirements, or contracts. (Exact limits vary and are proven through the policy/filings in your case.)
4) Employer responsibility & direct negligence
If the driver was on the job, the employer is typically responsible under respondeat superior. Separate claims can arise for negligent hiring/entrustment/supervision or maintenance failures (with CMV maintenance duties governed by 49 CFR Part 396).
5) Electronic evidence strengthens claims
CMV cases often include black-box (ECM/EDR) data, HOS/ELD logs, cab dash-cams, and maintenance files—evidence that can clarify speed, braking, fatigue, and mechanical condition. (Texting while driving and hand-held cell use are banned for CMV drivers under 49 CFR 392.80/.82.)
When the payouts aren’t automatically higher
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Not every “commercial” vehicle is a federally regulated CMV. Many light delivery vans may fall below the federal 10,001-lb threshold (or be intrastate only), so Part 387 minimums may not apply. Definition of CMV appears in 49 CFR 390.5.
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Kentucky comparative fault still applies. Even with bigger policies, Kentucky juries apportion fault among all responsible parties, which can reduce recovery by a claimant’s percentage of fault (KRS 411.182).
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Deadlines matter. Motor-vehicle injury claims in Kentucky have strict time limits tied to the MVRA (see KRS 304.39-230)—don’t wait to begin evidence preservation.
How to maximize recovery in a Kentucky commercial-vehicle case
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Preserve critical data immediately.
Request retention of ECM/EDR, ELD/HOS logs, dash-cam (driver-facing & road-facing), and maintenance/inspection records; these can be overwritten quickly. (HOS/ELD = 49 CFR Part 395; maintenance = Part 396.) -
Identify the correct “operating carrier.”
Branding on a truck isn’t the full story. For CMVs, check the USDOT-marked legal name to pinpoint the operating carrier and policy/filings (helpful when multiple companies are involved). -
Develop the damages record early.
Gather medical records/bills, future care estimates, wage-loss proofs, and day-to-day limitations. Serious cases benefit from detailed documentation and consistent follow-up. -
Use Kentucky’s PIP/BRB benefits wisely.
Basic Reparation Benefits can cover early medical/wage losses while fault is assessed; keep your MVRA timelines in mind (KRS 304.39-230). -
Look for all responsible parties.
Beyond the driver and employer, examine brokers/shippers/receivers (e.g., unlawful coercion to violate safety rules), maintenance contractors, or other motorists when evidence supports it.
Practical checklist (save/print)
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Police crash report + any diagram/reconstruction
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Photos/video: scene, lane lines, debris, vehicle IDs, USDOT markings
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Carrier evidence: USDOT/MC numbers, MCS-90 presence (when applicable), certificates/filings
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Vehicle data: ECM/EDR, ELD/HOS, dash-cam, maintenance/inspection (Parts 395/396)
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Medical: ER notes, imaging, restrictions, bills, mileage logs
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Insurance: your PIP claim info; liability/UM/UIM policies that might stack
FAQs
What minimum insurance do big trucks carry?
Many interstate carriers must meet 49 CFR §387.9 minimums (often $750,000 for non-hazmat freight; higher for specified hazmat). Actual limits can be higher by contract.
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What’s an MCS-90 endorsement and why does it matter?
It’s a federal public-liability endorsement many motor carriers carry so the public isn’t left uncompensated when required minimums would otherwise fail. It’s not a cure-all, but can be crucial in disputed coverage scenarios.
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Do CMV rules apply to all delivery vans?
No. CMV status typically requires interstate use and 10,001-lb+ GVWR/GCWR (or passenger/hazmat criteria). Smaller vans may not be CMVs—but employer policies and commercial insurance can still provide higher limits. 49 CFR 390.5 defines CMV.
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Can I still recover if I’m partly at fault?
Often, yes—Kentucky uses comparative fault (KRS 411.182), which may reduce recovery by your share of responsibility.
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How long do I have to file?
Kentucky motor-vehicle claims have strict deadlines tied to KRS 304.39-230; ask early so evidence isn’t lost and filings are timely.
How Morrin Law Office helps (educational)
We help Kentuckians after serious commercial-vehicle crashes statewide. Our team moves quickly to preserve electronic evidence, identify the operating carrier and coverage, and explain next steps in plain English while you focus on recovery.
Contact Morrin Law Office — (859) 358-0300 • morrinlawoffice.com • 214 W Main St, Richmond, KY 40475
Serving clients across Kentucky.
Disclaimer
This article summarizes public information and general Kentucky law. It is not legal advice and not a solicitation. Do not contact crash victims or families based on this post. Laws change and facts vary; for specific guidance, consult a Kentucky-licensed attorney.
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