Intrastate vs Interstate Commerce In Commercial Vehicle Accidents

As there are in so many legal areas, there are both federal and state regulations governing the operation of commercial motor vehicles (CMVs). While every CMV company must comply with the regulations in their home state, too many forget that if they operate in interstate commerce – that is, driving between states – they must observe federal regulations as well. There are not many differences between the two, but there are enough where a company may easily run into legal problems if they fail to comply.

Why Does It Matter?

The difference between interstate and intrastate commerce is simple, though easy to get confused: intrastate means within a single state, while interstate means involving multiple states. If a commercial vehicle picks up a load of cargo in Tampa and brings it to Jacksonville, it is operating in intrastate commerce. If that same load of cargo is headed to Raleigh, the vehicle is operating in interstate commerce and different legal rules will apply to the cargo, the vehicle, and the driver.

One might wonder why there are different rules for different types of operation, but the answer lies primarily in three areas: licensing, taxation, and liability. Interstate commerce is subject to more complex tax burdens than a simple in-state delivery, and often requires permissions and licenses for the vehicle and driver not necessary if one does not travel beyond state lines. In terms of liability, this means that there is more than one jurisdiction that may, in theory, hold a driver or company liable if something goes wrong.

Liability & Location

Perhaps the most important reason why inter- and intrastate requirements are different for CMV drivers is that of liability. Insurance coverage for interstate drivers tends to be higher than those staying in one state, simply because longer journeys statistically open one up to greater hazards. In addition, federal standards regulate the number of hours a commercial driver can operate their vehicle without stopping, in an effort to cut down on accidents caused by driver fatigue.

If an accident happens and it can be shown that a driver violated regulations, the location of the accident can also play a role in the nature of any lawsuit against them. For example, if a CMV driven by a Florida-based company gets into an accident in Texas, and an injured person wanted to file suit against the driver (or their employer), they would almost certainly have to do so in federal court, rather than in state court.

Contact A Tampa Commercial Vehicle Accident Attorney

If you have been involved in an accident with a commercial motor vehicle, it is likely your injuries are severe. A Tampa truck accident attorney from the Rinaldo Law Group can offer compassionate and knowledgeable representation during what can be a scary time in your life. Call our office today to schedule a free consultation.

Source:

ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387