Tupelo Trucks Carrying Hazardous Materials

In order to recover compensation for injuries sustained in a trucking accident, the injured party must first establish that some other party is responsible for their injuries under the law. This is commonly accomplished by pursuing a negligence claim against the truck driver or the trucking company that employs the driver. For the negligence claim to succeed, the injured party must show that their injuries were caused by the unreasonable actions of the driver or trucking company. Such unreasonable actions could include distracted driving, driving while fatigued, driving under the influence, improper maintenance, and negligent hiring. If only the truck driver acted unreasonably, the trucking company may still be held vicariously liable for the trucker’s actions if they were committed during the course and scope of the trucker’s employment.

Another method of pursuing a claim against the truck driver or trucking company is through the doctrine of negligence per se. Due to the potential threat that the transportation of hazardous materials by commercial trucks poses to people, their property, and the environment, the federal government and most state governments have enacted statutes and regulations governing the transportation of hazardous materials. These laws place various requirements and restrictions on truck drivers and trucking companies who transport hazardous materials. For example, truck drivers who transport hazardous materials must have the proper training and qualifications to do so, and the trucking company that employs the driver must have a proper permit as well. If someone is injured because a truck driver or trucking company did not abide by these regulations, the injured party may be able to use negligence per se to establish liability.