Truck accidents involving hazardous materials (HAZMAT) are particularly dangerous compared to truck accidents involving other types of cargo. Hazardous materials can include flammable substances and toxic chemicals that pose severe risks to individuals, communities, and the environment.
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!”
If you suffered injuries from a HAZMAT truck accident, contact our law firm for a free consultation with an experienced truck accident attorney in Phoenix.
Common Types of Hazardous Materials Transported by Trucks
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 for those who come in contact with them 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 into the air during a crash.
HAZMAT Classes and Examples
Hazardous materials fall 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.
Shipper Responsibilities for Transporting Hazardous Materials
Hazardous material shippers must adhere to strict regulations regarding how they store, handle, and transport 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 standards.
- 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 of Arizona’s existing traffic and vehicle regulations and face enhanced penalties for any violations.
In accordance with the regulations listed above, the responsibilities of hazardous material shippers include:
- 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.
Dangers of Hazardous Material Carrying Trucks
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 Contaminations – Hazardous material spills can lead to long-lasting environmental 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.
Liable Parties in Hazardous Materials Truck Accidents
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 loaded or secured the hazardous material, they could be liable.
Common Injuries in HAZMAT Truck Accidents
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 for Help
If you suffered an injury or a loved one died in a truck accident involving hazardous materials in Arizona, you need an attorney with extensive knowledge of state and federal trucking and HAZMAT laws. At Silkman Law Firm Injury & Accident Lawyer, we have experience taking high-stakes personal injury and wrongful death claims to trial and a track record of successfully recovering compensation for our clients.
Contact our firm today for a free consultation with an experienced and compassionate truck accident lawyer. We’ll review your case, explain your legal options, and help you understand how the involvement of hazardous materials could impact your legal claim for compensation.