You may benefit from contacting a tanker truck accident lawyer, such as those at Florin|Roebig law firm, to learn about your legal options following the accident.
Reasons Tanker Truck Accidents May Occur
Tanker trucks are large trucks (commercial trucks) which transport bulk liquids. Some of these may be food and beverage products, such as dairy or chocolate. Others are flammable liquids, such as diesel, gasoline, or oil, which make transport dangerous.
Tanker truck drivers may experience the same driver errors as other drivers, resulting in truck accidents. Unfortunately, when a tanker truck collides with other vehicles, this can lead to an explosion, a fire, serious injuries, or even death for the accident victims. Reasons for tanker accidents may include:
- Driver fatigue
- Speeding or other forms of reckless driving
- Driver distraction, such as texting while driving
- Lack of truck maintenance, such as faulty brakes or bald tires
- Inexperienced trucker/lack of proper training
The reason that explosions occur, which is why tanker truck accidents are considered so dangerous, is usually due to the fact that these trucks can contain liquids that may ignite due to force of impact.
Semi-trucks and other big rigs are a risk on the roadway in general due to their vast size and weight in comparison to smaller vehicles. However, tanker trucks pose an additional risk due to the likelihood for explosion and catastrophic injuries or fatalities which may result during a crash.
Factors That May Affect Tanker Truck Accidents
While tractor-trailer and other tanker truck accidents may occur due to driving-related reasons, there are a number of common causes which may contribute to these accidents and the danger they result in. These include the following.
Hazardous Waste Spills
Leaks and spills may occur for a number of reasons, not the least of which is due to dangerous driving techniques, such as speeding or driving erratically. Sloshing the liquids within the truck can eventually lead to a spill.
Spilling of industrial chemicals can result in a number of dangerous injuries for accident victims who come into contact with them, such as chemical burns.
Even if the spill does not come into contact with a victim right away, the resulting hazardous materials left on the roadway could cause slippery road conditions, which may lead to an accident.
Fire and Explosion Risk
Many of the liquids transported in large commercial vehicles are combustible, which means they pose a high risk for igniting, under the best conditions. If the tank was not built properly (known as a defective design or defective construction), this could result in a tanker truck fire.
The impact during a tanker truck collision can also result in a fire or explosion. Failing to close the tank properly after filling it or failing to maintain the truck are other possible reasons a fire or explosion could occur.
Truck Weight
Semi-trucks are heavy prior to loading. When loaded, they weigh even more, which makes them more difficult to drive than the average vehicle. During poor weather conditions, a truck driver may have a hard time controlling the vehicle, which could cause the truck to swerve and the hazardous chemicals it’s transporting to move around or even spill or ignite.
It could also cause a rollover accident if the truck becomes off balance and the driver over-corrects too quickly.
Common Places Where Tanker Truck Crashes Occur
Tanker truck accidents can occur anywhere that big rigs may travel. While these trucks may more commonly travel on larger roadways, like freeways and highways, they are also seen on rural routes and other local roads.
Essentially, tanker truck collisions can take place anywhere that different factors combine to lead to an explosion, a spill, or a crash. Unfortunately, this often happens on freeways, since this is where the majority of travel happens for tractor-trailer trucks.
This also means that the tanker truck accident is more likely to lead to severe injuries for accident victims, since freeways and highways see higher instances of travel. If you were injured in a tanker truck accident, you may be able to file a claim to seek compensation. Speak to the law offices of Florin|Roebig now to learn how to file your claim.
Injuries That May Result From a Tanker Truck Crash
Some of the most severe injuries caused by tanker truck crashes include those caused by exposure to toxic chemicals left behind by a spill or leak from the truck. However, these are not the only injuries a crash victim might experience. Other injuries that can result in a tanker accident include:
- Cuts and lacerations
- Severe burns
- Head injuries
- Neck injuries
- Back injuries
- Chemical burns
- Traumatic brain injury (TBI)
- Broken bones
- Scarring or disfigurement
- Spinal cord injuries, including damage or even paralysis
- Limb loss (amputation)
- Wrongful death
Even if you did not sustain catastrophic injuries, you may still be able to file a personal injury claim to seek compensation. This is because medical bills are not the only type of damages considered for a claim.
Serious injuries may lead to higher settlement amounts, but minor injuries cited in truck accident claims can still lead to compensation that reflects the harm you’ve suffered. If you are unsure whether your injuries can result in compensation, schedule a free case evaluation with a personal injury lawyer to learn where you stand.
Are Truck Drivers Liable for Commercial Truck Accidents?
Commercial drivers may be held liable for victims harmed during a truck accident caused by their negligence. Liability, or being held responsible for an accident, is directly tied to negligence. If the truck driver was negligent, this means they owed you a duty of care (such as driving with caution or maintaining their truck), and they breached that duty, which led to the accident.
However, truckers may not be the only liable party named in your case. When commercial trucks collide with passenger vehicles, the trucking company responsible for the big rig is typically held liable for any injuries caused to involved motorists. This is because trucking companies are responsible for the commercial vehicles they own.
If the truck crash happened due to a design error when the truck was being built, the truck manufacturer could have been liable. Similarly, if the truck had recently been maintained and the accident occurred due to a maintenance error, the maintenance company could be held liable.
Finally, any person or company involved in loading the truck may be held liable if improper cargo loading or cargo checks led to the accident by way of spills, leakage, or combustion. Liability simply means that a party can be held legally responsible for your injuries. If you are uncertain who the liable party will be for your injuries, don’t worry. Experienced personal injury attorneys can help you identify liable parties based on details from the accident.
Can I Sue for Injuries Caused by a Tanker Truck Accident?
You may be able to sue if you were in an accident with a fuel truck or other tanker truck. But, it’s important to understand the difference between a truck accident claim and a personal injury lawsuit. A claim is a general term for a claim on compensation, such as an insurance claim. Insurance companies can either deny or approve your claim.
With personal injury lawsuits, however, payouts depend on verdicts, or case outcomes. Verdicts are determined by the court, if your case goes to trial. Many cases are settled before they go to trial.
The best tanker truck accident attorneys can help you determine the right course of action for your case. The first thing they will likely do is offer a free case review to provide you with sound legal advice. If you are able to file a lawsuit, they can help you understand the next best steps to take.
This is why it’s crucial to choose an attorney with trial experience, such as those employed by the Florin|Roebig legal team.
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How to Prove Negligence in Truck Accident Cases
Proving negligence is a necessary component for all truck accident cases. Your lawyer will have to show that the tanker truck accident occurred due to someone’s negligence in order for you to receive a settlement.
To do this, they will need to demonstrate three things: that negligence was present at the time the accident occurred, that the at-fault party’s negligence led to the accident, and that the accident resulted in your injuries.
Proving Negligence at the Time of the Accident
To show that negligence was present during a truck or car accident, a lawyer must figure out who the liable party is and determine how they were negligent. For example, if the truck driver was speeding, and this caused the tanker truck to spill part of its cargo, resulting in slippery roads and causing your car to crash, this could be considered negligence.
Or, if an employee for the trucking company failed to properly secure the door when loading the hazardous materials, later leading to a spill, this action could also be termed negligence. It is your personal injury lawyer’s job to prove not only that the accident was caused by negligent actions, but to prove how it was caused by negligent actions.
Proving Negligence Led to the Accident
Negligence may have been present at the time of the accident, but this does not always mean that the person or party who was negligent can be held liable if negligence did not directly lead to the accident. In order for a party to be liable, their negligence must have resulted in the accident.
So, if the accident was caused by the truck driver speeding, a lawyer must demonstrate that it was the high speed which caused the accident, and not another factor, such as dangerous weather conditions or improper loading techniques. Sometimes, multiple factors may have contributed to the accident, and multiple parties may be held liable.
Proving the Accident Led to Your Injuries
Finally, in order to prove negligence, your tanker truck accident lawyer must show how the accident caused by negligence resulted in your injuries. This could mean showing proof of the chemical burns you received, or broken bones from the crash caused by a spill, or other proof of injury.
Why You Should Work With a Truck Accident Attorney
There are a number of reasons that working with a truck accident attorney can benefit your case. First, a reputable injury lawyer, like the ones you’ll find at Florin|Roebig, can provide years of experience in personal injury law. This means you can rest assured that your case is in good hands and being managed with the utmost care and respect.
Second, a lawyer can handle all legal communications, tasks, court filings, and more. This is crucial, since missing deadlines or leaving out details can greatly affect your case. Finally, a top-rated personal injury attorney will work hard to establish a solid attorney-client relationship. That way, you will feel secure in seeking their legal advice and counting on their legal representation every step of the way.
In short, working with an experienced truck accident lawyer gives you the advantage of being as prepared as possible to seek maximum compensation for your claim.
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Find the Best Truck Accident Lawyer for Your Case
Are you ready to seek the compensation you need to get on with your life after a fuel truck accident? The Florin|Roebig legal team understands what you have been through, and we are standing by to offer a free consultation to discuss your case.
We have a combined history of decades of experience in personal injury cases, including many truck accident cases, and our case results speak for themselves, with millions won in case awards to date.
Call the phone number listed on this page to get in touch with a trusted tanker truck accident lawyer today.
