Tractor-Trailer Accidents Involving Hazardous Cargo
It is not uncommon on Florida roads to see what are known as hazmat trucks. These vehicles carry placards on their tanks meant to warn the public about the potential dangers of the chemicals and biohazards they carry – and if they are involved in road accidents, to warn first responders to take extra care. Injuries in tractor-trailer accidents can be severe without the wild card addition of hazardous cargo, so if you are unlucky enough to experience this situation, it is a good idea to contact a knowledgeable attorney as soon as possible.
Which Materials Are “Hazardous?”
Florida law defines ‘hazardous’ materials as any material classified as dangerous under a certain federal law, which also requires a placard on a transport truck – in general, anything that may be explosive, radioactive, flammable, combustible, or corrosive will fall into this category. The most commonly seen hazardous material involved in road accidents is gasoline, but anything from radioactive waste to lighter fluid may be transported on the road as long as it is placarded correctly. If a tanker truck carrying this type of item is involved in a crash, the resulting injuries can be particularly severe.
Because of the added potential dangers, any accident involving hazardous cargo should be compensated appropriately even if it may feel intimidating or wrong to file suit. For example, exposure to hazardous gases or liquids can make injuries worse – the truck may explode, leading to burns and smoke inhalation, or the injured plaintiff might develop lung problems after the fact. In addition, the total number of injured people in this type of accident may not be known until far after the fact, necessitating a class action suit when least expected.
Should I File Suit?
Because hazardous cargo accident cases can be so complex, many insurers also notably drag their proverbial feet in agreeing to cover medical bills and other expenses. Having the right attorney on your side can sometimes light the right fire under both the insurer and the truck’s owners, but the evidence still must be on your side. As in a standard tractor-trailer accident case, the injured plaintiff or plaintiffs must be able to show that there was negligence involved on the part of the defendant in order to recover.
That said, both the state of Florida and the U.S. federal government impose specific regulations on drivers of trucks containing hazardous materials (and on their employers). Failure to abide by those regulations can be actionable in itself, which may result in increased penalties for both the driver and their employer (depending on the specific regulation allegedly violated). For example, Florida and the Federal Motor Carrier Safety Administration (FMCSA) both have Hours of Service regulations – if a driver is forced to operate their vehicle for longer than permitted, their employer may be found vicariously liable for any injuries resulting.
Contact A Tampa Tractor-Trailer Accident Attorney
Being involved in an accident with a tractor-trailer can leave a person with injuries that take weeks or months to heal, but the presence of hazardous chemicals can turn that into years, or leave them with a lifelong condition. If you have suffered through this type of crash, you need compassionate and knowledgeable representation – a Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help. Call our office today at (813) 831-9999 to schedule a free consultation.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.01.html
