Hazardous Materials Truck Accident
Truck accidents involving hazardous materials (HAZMAT) are particularly dangerous, often causing severe injuries, environmental damage, and immense financial loss. Due to the massive size and weight of commercial trucks, along with the dangerous nature of the materials they carry, these accidents can lead to devastating consequences. Hazardous materials including toxic chemicals, radioactive materials, and flammable substances can affect human health, property, and the environment. Understanding how the presence of hazardous materials impacts your personal injury claim is crucial. If you are a victim of such an accident, taking the right steps can help ensure that you receive the compensation you are entitled to.
In Arizona, victims of truck accidents involving hazardous materials have the legal right to seek compensation for their injuries, medical expenses, property damage, and emotional distress. As a personal injury lawyer, Alex Silkman is ready to assist you by guiding you through the legal complexities of truck accident claims. A thorough investigation of the event and an understanding of the specific laws governing the transportation of hazardous materials are essential for building a solid case.
The legal aftermath of truck accidents involving hazardous materials can be particularly complex. Federal and state regulations govern the transportation of hazardous materials, and a thorough understanding of these laws is necessary to identify the responsible parties. This includes investigating trucking companies, hazardous material shippers, and other parties involved in the transportation of these substances. If you have been injured in a truck accident involving hazardous materials, contacting an experienced personal injury lawyer is essential to navigate the intricate legal procedures.
Understanding how the presence of hazardous materials can impact your personal injury claim after a truck accident is crucial, and the legal team from Silkman Law Firm Injury & Accident Lawyer is here to help. To quote from a client testimonial:
“I’m so happy I hired Alex. I would have never received the amount I did without him. Insurance companies look at you different when you have an attorney and when you don’t. Alex is very nice, a good listener, professional, and knows his stuff!”
Ensure Safety and Call for Emergency Assistance
Move to a Safe Location: After any accident, it’s important to ensure your safety. Move yourself and any passengers away from traffic, if possible. Make sure you're not in harm's way.
Call 911: Once you're in a safe location, call emergency services immediately. Law enforcement will arrive at the scene to secure the area and initiate their investigation. The emergency responders will assess your injuries, and any spills will be handled by the hazmat emergency response team.
Law Enforcement: Police officers will document the scene and prepare a report, which will serve as critical evidence for your truck accident claim. A police report will describe the event, list involved vehicles, and can document the cause of the accident. Emergency responders will provide additional documentation that links your injuries to the accident.
Gather Information and Document the Scene
Photograph the Scene: Capture pictures of the entire accident scene, including damaged vehicles, hazardous spills, road conditions, and the surrounding area. These pictures will be valuable when proving your case.
Witnesses and Contact Information: Approach witnesses and get their contact details. Witness statements can serve as independent verification of what occurred, which is important for confirming the cause of the accident and defending your position if any disputes arise later.
Details of the Accident: Record as much information as possible regarding the event, including the involved vehicles, the volume of the hazardous materials spilled, and the condition of the truck. All these factors can be crucial when determining who is at fault and understanding the full extent of the damages.
Seek Immediate Medical Attention
Get Checked by a Professional: Even if you feel fine, see a doctor immediately. Hazmat truck accidents may cause injuries that aren't immediately visible, like internal injuries or exposure to toxic substances. Seek medical attention promptly to rule out any hidden injuries.
Medical Records and Documentation: Keep detailed records of your visits to the doctor, prescribed treatments, and any diagnoses. These documents are essential for establishing the connection between the accident and your injuries, and they will be used to determine the compensation you deserve. Insurance companies will thoroughly review these records, so it's critical to follow all medical advice and attend every doctor’s appointment.
Report the Accident to Your Insurance Company
Notify Your Insurance Provider: After receiving medical attention, contact your insurance company. Be sure to inform them of the accident, but stick to the facts. Avoid speculating about fault or describing your injuries in detail, as insurance companies may use your words against you.
Consult a Lawyer Before Speaking to the Insurance Company: Before agreeing to any settlement offers or signing anything, it’s best to consult with an experienced personal injury lawyer. A lawyer can help protect your rights, especially when dealing with a trucking accident that involves hazardous materials, as these cases are often more complicated than other types of accidents.
Consult with a Truck Accident Lawyer
Why You Need a Lawyer: Truck accident cases involving hazardous materials require legal expertise due to the complexities involved. Multiple parties may be liable for the accident, such as the truck driver, trucking company, and shipper of the hazardous materials. An experienced lawyer, like Alex Silkman, can help determine who is at fault and fight for your right to compensation.
What a Lawyer Can Do: A truck accident lawyer will assist with collecting evidence, reviewing your medical treatment, and negotiating with insurance companies. They will work to identify all liable parties and ensure you receive a fair settlement. They can also represent you in court if your case goes to trial.
Deal with Trucking Companies and Insurance Adjusters
Insurance Companies Will Protect Their Interests: Trucking companies and their insurance adjusters often work aggressively to protect their interests. Even if they seem friendly, their main priority is minimizing costs for their employer. It’s essential to have an attorney handle all communication with the insurance companies to avoid being taken advantage of.
Protecting Your Rights: Having an attorney represent you during settlement negotiations is crucial to ensure that your case is valued fairly and accurately. Without legal representation, you may settle for a much lower amount than you deserve. A personal injury lawyer can also help prevent insurance companies from denying your claim or offering a lowball settlement.
Keep Track of Medical Bills and Other Expenses
Document Your Expenses: Keeping a record of all your medical bills, lost wages, and additional expenses related to the accident is critical. This will help establish the financial impact of the accident and assist your attorney in calculating the compensation you are entitled to.
Keep a Recovery Journal: It may also be helpful to keep a daily journal documenting your pain levels, limitations, and emotional state. This can serve as a powerful tool for showing the long-term effects of the accident on your quality of life, helping your attorney calculate non-economic damages like pain and suffering.
Legally Reviewed By:
Alex Silkman
Alex Silkman is the founder and managing member of Silkman Law Firm Injury & Accident Lawyer. He focuses exclusively on personal injury and wrongful death cases, with the goal of getting truly just results for accident victims and their families...
HAZMAT trucks carry a wide range of dangerous substances that pose various risks to other drivers and the surrounding community. Some of the most commonly transported hazardous materials include:
- Chemicals – Industrial chemicals can be highly toxic or corrosive, leading to significant health risks and environmental contamination when spills or leaks occur during accidents.
- Explosives – Fireworks, ammunition, and explosives used in the construction industry pose a significant risk during truck accidents . If ignited, these materials can cause large explosions.
- Petroleum Products – Gasoline, diesel fuel, and other petroleum products are flammable liquids that can cause fires or explosions, leading to severe injuries and property damage.
- Radioactive Products – Low-level radioactive materials used in medical or industrial applications can lead to long-term environmental contamination and severe health risks after a HAZMAT truck accident.
- Medical Products – Certain medical supplies, including biohazardous materials or infectious substances, can expose victims to dangerous pathogens during a truck accident.
- Toxic Gases – HAZMAT trucks often carry compressed toxic gases, such as chlorine or ammonia, which can cause severe respiratory issues, burns, or death if released during a crash.
Hazardous materials are categorized into nine classes based on the type of danger they pose. The Federal Motor Carrier Safety Administration (FMCSA) lists these classes as:
- Class 1: Explosives – These materials can explode under certain conditions and contain materials such as dynamite and ammunition.
- Class 2: Gases – These materials include flammable, non-flammable, and toxic gases such as propane, nitrogen, and ammonia.
- Class 3: Flammable Liquid and Combustible Liquid – These materials, such as gasoline, can ignite easily and may catch fire during an accident.
- Class 4: Flammable Solid, Spontaneously Combustible, and Dangerous When Wet – These materials, such as alkali metals like sodium and potassium, can catch fire due to friction or become active when wet.
- Class 5: Oxidizer and Organic Peroxide – These materials, such as bromine and hydrogen peroxide, can react with other substances to create fire hazards.
- Class 6: Poison (Toxic) and Poison Inhalation Hazard – These materials can cause harm when they come in contact with the skin, eyes, lungs, or other organs and include pesticides.
- Class 7: Radioactive – These materials, which include tritium and radioactive isotopes, can cause cancers and other radiation-based illnesses.
- Class 8: Corrosive – These materials, including hydrochloric and sulfuric acid, can damage tissues.
- Class 9: Miscellaneous and Generally Dangerous – These materials don’t fall into the previous eight categories but still pose a substantial risk to individuals who come in contact with them, such as asbestos.
Hazardous material shippers must adhere to strict regulations regarding the storage, handling, and transportation of the material. The federal and state regulations shippers in Arizona must follow include:
- HAZMAT Registration – Companies that ship hazardous materials must register with the Department of Transportation’s Pipeline and Hazardous Materials Administration and obtain the proper certifications.
- Hazardous Materials Transportation Act – The HMTA establishes the foundation for safely transporting hazardous materials and outlines the penalties for violations.
- Title 49 of the Code of Federal Regulations – 49 CFR contains the primary federal regulations governing the transportation of hazardous materials and covers packaging, labeling, and safety covering.
- Arizona Hazardous Waste Transporter Permit – Companies that transport hazardous waste in Arizona must have a valid hazardous waste transporter permit.
- Arizona’s Traffic and Vehicle Regulations – Due to the inherent risks posed by their cargo, drivers and hazardous material shipping companies must comply with all existing traffic and vehicle regulations in Arizona and face enhanced penalties for any violations.
- Training and Certification – All employees who handle hazardous materials, including truck drivers and cargo loaders, must undergo regular training and certification to make sure they understand safety protocols.
- Packaging and Labeling – Hazardous materials require correct packaging and labeling to prevent accidental exposure, leaks, and spills during transit.
- Inspection and Maintenance – Trucks and containers must undergo regular inspections and maintenance to make sure they meet stringent safety standards.
- Record-Keeping – Shippers must keep detailed records of hazardous material shipments to track their movement and comply with regulatory standards.
- Secure Storage – Trucks carrying hazardous materials must have secure cargo storage to prevent unauthorized access.
- Emergency Response – Shippers must have emergency plans to address spills, leaks, or other accidents involving hazardous materials.
The consequences of an accident involving a truck hauling hazardous materials can be far-reaching and include:
- Serious or Fatal Injuries – Individuals involved in HAZMAT truck crashes can suffer from severe or fatal injuries due to the collision itself or exposure to the hazardous materials the truck carried. Burns and respiratory issues related to chemicals are common.
- Environmental Contamination's – Hazardous material spills can lead to long-lasting ecological damage, including contaminated soil and water sources that harm residents of the nearby community.
- Property Damage – Explosions, fires, and chemical spills can damage property, leading to costly repairs for victims.
Determining liability in a hazardous materials truck accident can be complex, as several parties may share liability. Some of the parties who could be responsible for injuries include:
- Truck Drivers – If the driver acted negligently, such as by speeding or driving while fatigued, and that negligence contributed to the accident, they could be liable.
- HAZMAT Shippers – If the shipping company improperly classified the hazardous materials or engaged in business practices that increased the risk of an accident, it could be liable.
- Truck Manufacturers – If a defect in the truck contributed to the accident, the vehicle manufacturer could be liable.
- Cargo Loaders – If cargo loaders improperly load or secure the hazardous materials, they could be liable.
Truck accidents involving hazardous materials can lead to a wide range of serious injuries, including:
- Spinal Cord Injuries – Heavy impacts can cause spinal cord injuries that result in paralysis and other permanent disabilities.
- Traumatic Brain Injuries – Blunt force trauma to the head can cause the brain to strike the inside of the skull, leading to a traumatic brain injury. TBIs can range from mild concussions to permanent brain damage affecting mobility and cognitive function.
- Internal Injuries – Blunt force trauma to the body can cause internal bleeding and organ damage that may result in delayed symptoms. You should always seek medical attention after an accident to determine if you suffer from hidden injuries.
- Whiplash – When the head violently shakes back and forth or from side to side after a collision, it can strain the muscles in the neck, causing whiplash. Common symptoms of whiplash include chronic pain and headaches.
- Amputations – Accidents involving hazardous materials may result in severe injuries that require amputation. Explosive, flammable, and corrosive materials can increase the risk of amputation injuries.
- Lacerations – Broken glass and sharp metal can cause severe lacerations that require stitches.
- Burns – Fires, explosions, and chemical exposure can cause first-, second-, or third-degree burns to accident victims. Smoke and chemical inhalation can also lead to burns within the lungs.
- Toxic Chemical Inhalation – Exposure to hazardous gases or chemicals can lead to respiratory failure or long-term health complications that require ongoing treatment and care.
Statute of Limitations to File a Truck Accident Claim
Under Arizona’s statute of limitations for personal injury claims, truck accident victims have two years from the date of the accident to file their claims. However, because truck accident cases involving hazardous materials can be highly complex, seeking legal counsel as early as possible is crucial for preserving evidence and building a solid case.
If you miss the deadline for filing your claim, you may lose the right to seek compensation for your injuries and property damage. Two years may initially sound like a long time to file a claim, but it can also take a long time to gather all the necessary evidence, and the deadline arrives faster than you might expect.
Contact Our Phoenix Truck Accident Lawyer Alex Silkman for Help and a Free Consultation
If you’ve been injured in a truck accident involving hazardous materials, you need an experienced lawyer by your side to help navigate the legal complexities. Alex Silkman has a proven track record of successfully handling truck accident claims, including those involving hazardous materials. With in-depth knowledge of the law, Silkman Law Firm can help you identify all the responsible parties and ensure you receive the maximum compensation for your injuries.
Contact Silkman Law Firm today at 602-535-5899 for a free consultation. Get in touch with an experienced and compassionate truck accident lawyer to discuss your case and explore your legal options. Let us help you recover from the devastating effects of a hazardous materials truck accident.