What If a Truck Accident Resulted in Hazardous Material Spillage?

Any accident that involves a big rig, tractor-trailer, or other large commercial truck is incredibly dangerous, and the crash is much more likely to cause critical injuries or wrongful death when the tractor-trailer is hauling hazardous materials. The release of these materials poses a significant risk to drivers and their passengers, but the toxic leak or spill can potentially harm anyone near the accident scene, including residents of the surrounding communities. Crashes involving big rigs with toxic materials can result in devastating explosions.

Injury victims involved in preventable HAZMAT crashes should know they deserve compensation for their damages, pain, and suffering. Let our dedicated attorneys hold the person responsible for your injuries accountable for their actions. If you or a loved one was injured or lost their life in a truck or 18-wheeler crash that was carrying hazardous materials, contact a Rancho Cordova truck accident lawyer at Triumph Law to learn more about your rights.

Why Are HAZMAT Truck Crashes So Dangerous?

The U.S. Federal Motor Carrier Safety Administration (FMCSA) states that HAZMAT truck accidents, spills, injuries, and fatalities are low in comparison to the overall amount of hazardous material that is transported across United States highways. Unfortunately, HAZMAT truck crashes are more likely to cause serious injuries or wrongful death, inflict tremendous damage on the surrounding communities, and significantly impact the economy. The large load of 18-wheelers makes clean-up difficult to control when spills occur.

The impact of a crash involving a truck hauling hazardous liquids could cause toxic materials to spill, creating dangerously slippery conditions along the highway, especially when the substance spilled is oil-based. A HAZMAT spill can create poor road conditions that can cause drivers to lose control of their vehicles, causing a multi-car accident. Victims of HAZMAT accidents, as with other big rig or 18-wheeler wheeler crashes, often suffer severe internal injuries, bone fractures, and spinal cord and brain injuries.

The presence of hazardous materials increases the risk of serious injuries and the potential for the following:

• Poisoning from toxic gases 
• Chemical or thermal burns (from fire/explosions/flames or chemicals)
• Blindness or eye damage 
• Loss of hearing or amputations from explosions 
• Respiratory distress problems 
• Neurological damage
• Exposure to cancer-causing substances
• Slip and fall injuries caused by oily surfaces 

Hazardous Material Transportation

According to the U.S. Department of Transportation (USDOT), large commercial vehicles transport over three billion tons of hazardous materials annually. These hazardous materials can be divided into nine separate classes:

• Class 1- Explosives: Materials that can act as projectiles or trigger an explosion, detonating devices, or blasting agents
• Class 2- Gases: Non-flammable and flammable gases, such as toxic gases
• Class 3- Flammable Liquids: Ethanol, kerosene, motor oil, diesel or jet fuel, gasoline, etc.
• Class 4- Flammable Solids and Spontaneously Combustible Materials: These can include magnesium, aluminum powder, activated charcoal, and sulfur.
• Class 5- Oxidizers and Organic Peroxides: These materials can increase the burning of other materials.
• Class 6- Toxic Materials and Infectious Substances: Infectious substances that could cause death or disability if an animal or human is exposed to them. Rat poison and similar toxins that are neither a gas nor liquid.
• Class 7- Radioactive Material: These materials can negatively affect the environment and the residents living nearby for years.
• Class 8- Corrosive Materials: Base substances or strong acids that can quickly corrode or burn.
• Class 9- Miscellaneous: Dry ice, lithium batteries, and other potentially dangerous materials not included in other categories.

Frequently Cited Hazmat Violations

The FMCSA established regulations to govern the transportation of hazardous materials via commercial carriers since HAZMAT accidents can pose severe threats to public safety and health. For instance, big rig trucks hauling hazardous materials are required to display warning placards. Additionally, a truck hauling hazardous materials must inform certain authorities anytime their vehicle carries dangerous cargo.

A hazardous material endorsement must be carried by HAZMAT truckers, proving they have been properly trained in transportation procedures of dangerous materials. HAZMAT trucks are prohibited from using certain roads and restricted from operating during certain times of the day. Unfortunately, not all drivers and trucking companies abide by these regulations. 

The FMCSA found just over 35,000 HAZMAT violations during United States roadside inspections in 2022. The most frequent inspection violations included:

• Package was not secured in the vehicle
• No copy of their US DOT Hazardous Materials Registration Number
• No or improper shipping papers
• Shipping paper accessibility
• Placard damaged, obscured, or deteriorated
• No placards or markings when required
• Prohibited placarding
• Accessibility/maintenance of Emergency Response information 
• Transport or offer without emergency response information

What Should You Do If an 18-Wheeler or a Semi Tractor Trailer Hits Your Vehicle?

If you are physically able, you should document as much of the accident scene as possible with videos and photographs. Inspect and photograph your vehicle and the truck at the scene, as well as any visible injuries. Injuries are not always apparent immediately following an accident, especially injuries associated with carcinogenic or toxic exposure, which could take years to present.

Exchange insurance information with the truck driver and collect contact information of witnesses to the accident. When police arrive on the scene, answer their questions only with facts but do not speculate who was at fault. Do not speak with the truck driver’s insurance company or claims adjuster without your personal injury attorney. 

Get checked out by the EMTs who arrive on the scene and head to the emergency if they deem it necessary. Receiving medical attention right away will help you to take all necessary steps to protect your health. Getting proper care will increase your chances of recovering fully and can help prove your damages by having proper documentation.

Contact a Knowledgeable Truck Accident Attorney at Triumph Law Today

If you or a loved one have been injured in a HAZMAT truck accident, you have the right to have your damages paid for by the person who caused your injuries. Our truck accident lawyers have extensive experience handling the legal teams of trucking companies. Contact Triumph Law by phone or our online contact form to schedule a consultation and discuss the details of your case.