Interstate or Intrastate? Why It Matters In Commercial Vehicle Accident Cases

Commercial motor vehicles (CMVs) of all types are required to be licensed to operate in their chosen market, and their drivers must hold the appropriate certifications in order to drive them. If a CMV is involved in an accident on the road, their registration and driver’s status can play a role in determining negligence as a matter of law, meaning that the driver and their employer might wind up on the proverbial hook for damages.

Both Offer Advantages

A vehicle licensed in interstate commerce can transport goods in all 50 U.S. states, while a CMV licensed in intrastate commerce is only permitted to operate within their owning company’s home state. The reasons for choosing one or the other are most often financial, as one might think, but in addition, many intrastate commerce operators choose to remain in one state to avoid having to comply with federal requirements (which are often stricter than those in individual states).

For example, a standard CMV carrying goods or freight in interstate commerce must carry liability coverage of at least $750,000 under federal law. Florida’s requirement is comparable, but in other states, the number is lower or non-existent – for example, in New Hampshire, there is no required amount of liability insurance at all. Only having to keep one set of regulations at the forefront can make doing business easier for the average worker, and many businesses keep to a slightly smaller playing field for these reasons.

Negligence Per Se

While it is possible to win a case against a negligent CMV driver and/or their employer, it is usually easier to do so if you have the evidence to establish what is known as negligence per se. Negligence is normally established in court by showing that four criteria were fulfilled – namely, the existence of a duty of care, the breach of that duty, causation, and damages. Negligence per se, if established, means that the court established the defendant’s negligence, and the plaintiff need not establish it themselves.

Negligence per se essentially holds that if a person breaks a law designed to protect a class of people by injuring a member of that class, negligence is established by that fact, regardless of whether a duty of care actually existed. For example, a commercial driver must have a Commercial Drivers’ License (CDL) in order to operate most kinds of CMV. If they drive without one, and injure or kill another road user, the lack of a CDL would make them negligent as a matter of law.

Contact A Tampa CMV Accident Attorney

Being involved with a commercial motor vehicle accident can change a person’s life, and not often for the better. If you have been injured by a CMV, whether in inter- or intrastate commerce, a Tampa truck accident attorney from the Rinaldo Law Group may be able to help you get the compensation you deserve. Call our office today to schedule a free consultation.

Source:

fmcsa.dot.gov/faq/what-difference-between-interstate-commerce-and-intrastate-commerce