Eighteen-wheeler accidents involving hazardous materials have increased by 155% in the last ten years, according to CBS News.
Truck accidents involving hazardous materials are a serious problem. In fact, truck hazardous materials accidents outnumber train-related spills 33 to 1. These incidents are costly, resulting in $512 million in economic losses in a 10-year period from 2013 to 2022.
Understanding Hazardous Materials
A hazardous material is a solid, liquid, or gas substance that may be harmful when it is transported. It may be hazardous because it is:
- Radioactive
- Toxic, poisonous, inhalation hazard
- Explosive
- Flammable
- Corrosive
- Biohazard, infectious
- Otherwise harmful
A hazardous material is one that may harm people or the environment. While hazmat truck accidents may be less common than other motor vehicle collisions, they create a high risk for serious injuries and many injuries.
Hazardous Materials Transported by Trucks
49 U.S.C. § 5103 authorizes the Department of Transportation to regulate trucks carrying hazardous materials. The regulations apply to parties who transport hazardous materials or are involved in their transportation. They govern parties who prepare shipments and packaging. The DOT has wide authority to regulate hazmat trucks and the transportation of hazardous goods by motor vehicle.
Every transported hazardous material must be:
- Classed
- Described
- Packaged
- Marked
- Labeled
- In condition for shipment
Carriers must determine whether goods being transported qualify as dangerous. They must use proper packaging, marking, and warning labels. Carriers are responsible for employee training.
A hazmat truck shipper must have a security plan and emergency response information and must comply with incident reporting requirements.
To carry certain hazardous materials, a motor carrier must have a Hazardous Materials Safety Permit (HMSP). The regulations apply to interstate, intrastate, and international transportation.
Legal and Environmental Implications of Hazmat Spills
The Pipeline and Hazardous Materials Safety Administration (PHMSA) is an organization within the Department of Transportation. PHMSA has the authority to investigate violations and enforce regulations. They may issue civil penalties or seek criminal enforcement.
Civil penalties may total $79,976 or up to $186,610 if the violation results in serious injury, illness, or death. Criminal charges may also be possible, including up to five years in prison and a fine of $250,000 per individual and $500,000 for a corporation.
Compensation for victims
In addition to civil and criminal penalties, a truck accident involving hazardous materials may create liability to victims. A victim seeking financial compensation must bring their own claim.
The trucking company, shipper, producer, and anyone involved in the transportation of dangerous goods has a high legal duty for the safety of the public. There are multiple legal theories that may be advanced to claim compensation, including negligence, negligence per se, and ultrahazardous activity as the basis for applying strict liability. Whitlock v. Duke University, 637 F. Supp. 1463 (M.D.N.C. 1986).
Because of the high potential for harm with dangerous goods, the burden on transportation companies for the safety of others is high. When a spill is the result of negligence or failing to exercise reasonable care, the company may be legally liable for harm.
In addition to liability based on general negligence, liability may be established as negligence per se for violating a safety statute. There may be a rebuttable presumption of negligence for non-delivery of goods that are in possession of the carrier. See Merchant v. Lassiter, 30 S.E.2d 217 (N.C. 1944).
If you are the victim of a truck accident involving hazardous materials, your attorney can assist you with the appropriate legal theories to advance your case.
Common Causes of Hazmat Truck Accidents
Common causes of hazmat truck accidents are:
- Incorrect packaging and storing containers for the substance being transported
- Wrong placarding, lack of placarding, resulting in mistakes in handling
- Lack of training or monitoring of employees
- Inadequate response when there is danger
- Mechanical issues, inadequate vehicle maintenance
- Weather conditions, road hazards
- Driver error, poor judgment, poor truck handling skills
- Driver fatigue, substance use
- Traffic errors, speeding, improper maneuvers
An accident may be a collision where a hazmat truck strikes another vehicle or an object. It may be a rollover or an overturning accident. In addition, there may be a hazardous materials spill or liquid sloshing that creates a danger.
Emergency Response and Cleanup Procedures
Immediate notification is required for any incident involving transportation of hazardous materials. Incidents requiring notification include:
- Death
- Injury requiring hospitalization
- Public evacuation of one hour or more
- Disruption of a major transportation artery or facility for one hour
- Fire, breakage, spill, or contamination of a radioactive material or infectious substance
- Release of a marine pollutant exceeding certain quantities
- Incident involving continuing danger to life
Notice may be given by telephone.
Emergency responders must be notified right away. The first step is to secure the area to minimize harm. Effective response assesses the severity of the spill. A truck hazmat emergency response should focus on the following:
- Containment—So that harm doesn’t spread or become worse
- Care—Help for the injured
- Cleanup—To address the hazardous condition and return the area to normal traffic flow
Responders may need specialized gear for cleanup and containment. Specialized training and certification is usually required. Personal protective equipment should be worn as needed. Those affected, including responders, may need health monitoring. Communication with the community may be important.
Rights and Compensation for Victims of Hazmat Accidents
Victims of hazmat accidents have important rights. They may receive compensation for injury or illness relating to chemical exposure. Harm may occur from the impact of the accident itself or from encountering the dangerous substance.
With transportation companies often operating interstate, it may be difficult to know where to file a claim. You must identify the legal causes of action and the appropriate damages. You have the right to legal representation.
Contact an Experienced Gastonia Truck Accident Lawyer
At Horton & Mendez Injury Attorneys, we represent people who have been hurt by truck accidents involving hazardous materials. You can have help from an experienced Gastonia truck accident lawyer. Contact us now.
