Trucks Carrying Hazardous Materials
Trucks carrying hazardous materials pose increased dangers to others on the road in Tennessee and elsewhere. They are larger and heavier than passenger vehicles, and if a collision occurs, others may be exposed to hazardous materials. Even a minor collision at slow speeds involving a truck with these materials may result in catastrophic injuries or death. Not all personal injury attorneys understand the regulations associated with trucks and the insurance issues surrounding hazardous materials. At Nahon, Saharovich & Trotz, our Memphis truck accident lawyers provide knowledgeable legal representation to victims of all types of big rig crashes.Accidents Involving Trucks Carrying Hazardous Materials
Trucks that are transporting hazardous materials must get insurance that meets the standards set forth by the Federal Motor Carrier Safety Administration (FMCSA) and state laws. They may be insured differently based on how much risk the insurer believes is associated with them. When trucks move hazardous materials, there is a greater risk of serious injuries that result in significant damages. The materials that they transport are insured based on their type and weight.
When a driver does not have the appropriate insurance and drives a truck with certain hazardous materials, the driver and the trucking company may be fined, and sometimes criminal charges may be brought. However, for an accident victim's needs, this may not be enough. Truck drivers and trucking companies should take care to find out whether their cargo meets standards requiring additional insurance and ensure that the driver is appropriately licensed with an "H" endorsement and trained in how to transport these materials safely. When radioactive materials, poisonous materials, certain compressed gases, or explosives are involved, the truck driver is supposed to maintain a hazmat safety permit. This is because when a truck carrying hazardous materials is involved in a collision, the result may be explosions, spills, or fires that result in harmful chemicals being released into the air and land. The potential for everyone in the area (including people not involved in the direct collision) to be harmed by this exposure is great.
You may hold a driver liable for their negligence by proving that they failed to use reasonable care, and this failure caused your injuries. You will need to prove that your version of what happened is more likely true than not. The trucking company may also be held vicariously liable for a driver's negligence in the course of employment. Moreover, it may also be held directly liable for its own negligence in failing to secure proper permits or based on theories of negligent hiring, negligent training, or negligent supervision. For example, if a trucking company fails to make sure that a driver is qualified to transport hazardous materials, the driver may make a mistake that results in serious injuries.
It is important to retain an attorney who can fully explore the causes of an accident, particularly when there are multiple accident victims and potential insurance issues. Insurance issues may make it complicated to actually recover the damages that you are owed, so it is imperative to retain an attorney who understands all of the aspects of a claim, including liability, damages, and coverage for those damages.Explore Your Options with a Truck Accident Attorney in Memphis
If you are injured in an accident involving a truck carrying hazardous materials in Tennessee or a neighboring state, you may be concerned about how you will be able to pay for proper medical care and take time off from work to recover. In some cases, these accidents result in life-altering disabilities. Often, the only way that people can afford complete care for injuries after a truck accident is by bringing suit against the responsible parties. Our Memphis firm, which employs over 30 trial attorneys and 100 staff members, may be able to help you recover damages. We serve truck accident victims and their families in Tennessee, Kentucky, Missouri, Arkansas, and Mississippi, including in Memphis, Chattanooga, Knoxville, Nashville, Caruthersville, Hayti, Oxford, Starkville, Grenada, Columbus, Tupelo, Meridian, Jackson, Little Rock, and Jonesboro. Call Nahon, Saharovich & Trotz at 800-LAW-4004 or complete our online form for a free appointment with a motor vehicle collision lawyer.