What is MCS 90?
March 11, 2022 | Truck Accidents
Most truck accident victims do not know what MCS 90 is or why truck drivers and trucking companies must have the MCS 90 endorsement. However, if you are involved in a truck accident in Wyomissing, MCS 90 could be important. An MCS 90 insurance endorsement might compensate you for damages caused by a commercial truck accident.
What is an MCS 90 Insurance Endorsement?
Most commercial trucking companies operating across state lines must have an MCS 90 insurance endorsement. The endorsement is required as part of a trucking company’s liability insurance policy when it registers with the Federal Motor Carrier Safety Administration (FMCSA).
If the company has an MCS 90 endorsement, it agrees to be responsible for the damages, even though the accident is excluded from coverage under the primary insurance policy. The insurance company compensates the truck accident victim for damages. It may then sue the trucking company to recoup its losses for an accident not covered by the primary insurance policy.
What are the Requirements for an MCS 90 Claim?
There are some exceptions to claims under an MCS 90 endorsement. First, the trucking company or motor carrier must operate across state lines for the MCS 90 endorsement to apply. For example, if a trucking company operates solely within Pennsylvania, you do not have an MCS 90 claim.
Furthermore, coverage under an MCS 90 endorsement only applies if you meet all the following criteria:
- The primary liability insurance policy for the commercial truck excludes the accident
- The trucking company is liable for the cause of the truck accident
- The injured party is not an employee or independent contractor of the trucking company
- The injured party sustained injuries as a direct result of the accident
- The injured party does not have another source of compensation for their damages
Just as minimum limits apply to car insurance for car accidents or truck accidents in Wyomissing, Pennsylvania, the law sets minimum limits of MCS 90 insurance. Trucking companies comply with the law provided they carry the minimum amount of insurance.
The minimum MCS 90 insurance requirement for a trucking company that does not carry hazardous materials is $750,000. However, if the truck carries hazardous waste, the minimum increases to $1 million or $5 million, depending on the materials being transported.
Truck Accident Victims Sustain Catastrophic Injuries
Requiring trucking companies to carry MCS 90 insurances helps protect truck accident victims. Over three-fourths of the injuries and deaths from truck accidents are non-occupants. Non-occupants include people in other vehicles, pedestrians, and cyclists.
Because of the size and weight difference in the vehicles involved in a commercial truck accident, the occupants of the passenger vehicles have a high risk of catastrophic injury and death. A 5,000-pound passenger vehicle is no match for an 80,000-pound semi-truck.
Common injuries sustained in Wyomissing truck accidents include:
- Complex fractures and broken bones
- Spinal cord injuries, including partial and total paralysis
- Traumatic brain injuries, including permanent brain damage
- Damage to internal organs and loss of bodily functions
- Amputations and loss of limbs
- Severe burns and scarring from fires and explosions
- Crushing injuries
- Neck and back injuries
- Nerve damage and soft tissue injuries
The injuries caused by an 18-wheeler accident can result in life-threatening conditions. Wrongful death claims are common after truck crashes. Accident victims who survive truck crashes may sustain permanent impairments and disabilities.
Damages Available by Filing an MCS 90 Claim After a Truck Accident
You can receive the same types of damages by filing an MCS 90 claim as you receive for a claim against the trucking company and other responsible parties.
- Past and future medical treatment, nursing care, therapy, and personal care
- Pain and suffering damages related to emotional distress, physical discomfort, and mental anguish
- Compensation for scarring, disabilities, impairments, and disfigurement
- Loss of income, including benefits, future lost wages, and reductions in future earning potential
- Reduced quality of life and loss of enjoyment of life
Most accident victims spend days or weeks in the hospital and therapy centers. You deserve fair compensation for all damages if you were injured in a Wyomissing truck accident.
However, trucking companies and insurance companies fight truck accident claims. Even if the insurance company has an MCS 90 endorsement, it does not guarantee payment for damages. You must prove the trucking company was responsible for causing the truck crash.A truck accident lawyer helps you fight for maximum compensation for injuries and damages. Do not delay. The Pennsylvania statute of limitations sets deadlines for filing truck accident lawsuits.
Contact the Truck Accident Lawyers In Pennsylvania at Marzzacco Niven & Associates For Legal Help With Your Case Today
Harrisburg Law Office
945 East Park Drive, Suite 103 Harrisburg, PA 17111
Wyomissing Law Office
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610