States like Wyoming are known for its vast landscapes and rich natural resources, and rely heavily on the trucking industry to power its economy. States abundant in coal, oil, and natural gas reserves are hubs for these resources being transported across the country by a fleet of powerful trucks. Trucking’s major role in a state’s economy also brings advantages and challenges when it comes to road safety.
The presence of these massive vehicles on highways and byways creates a unique set of risks for everyday drivers. While most truckers are skilled professionals who prioritize safety, the sheer size and power of their vehicles can lead to devastating results in the event of an accident. This is especially true for tanker trucks, which often carry large quantities of flammable or hazardous materials. In such cases, consulting an experienced truck accident lawyer is essential to protect your legal rights and secure fair compensation.
Talk to a Lawyer If You’re the Victim of a Tanker Truck Crash
When you’re involved in this type of truck accident, it’s vitally important to talk to a personal injury lawyer, especially one experienced in these types of incidents. They can handle the legal process so you can focus primarily on your recovery.
Understanding the Dangers of Tanker Truck Accidents
Tanker truck accidents are some of the most severe incidents that can occur on roadways. These specialized vehicles are designed to transport liquids and gasses, often including highly flammable or toxic substances such as oil, gasoline, and flammable chemicals. The combination of a large, heavy vehicle with potentially dangerous cargo creates a recipe for disaster when things go wrong on the road.
The consequences of tanker truck accidents can be far-reaching and severe. Victims may suffer a wide range of injuries, from broken bones and spinal cord trauma to traumatic brain injuries. In cases where the tanker’s contents are released, the situation can become even more dire. Serious burns from ignited fuel or toxic exposure from spilled chemicals can lead to long-term health complications or even death.
It’s important to note that the impact of these accidents extends beyond immediate physical injuries. Victims often face lengthy recovery periods, substantial medical bills, lost income, and long-term psychological trauma. The environmental impact of spilled hazardous materials can also be substantial, potentially affecting local ecosystems and communities for years to come.
The Regulatory Framework for Tanker Truck Operations
Given the potential for catastrophic outcomes, the tanker truck industry is subject to strict regulations. The Federal Motor Carrier Safety Administration (FMCSA) plays an influential role in overseeing the safe operation of commercial motor vehicles, including tanker trucks. These regulations cover various aspects of tanker truck operations, including the following:
Vehicle Weight and Cargo Limits
The FMCSA imposes strict guidelines on the maximum weight of tanker trucks and the amount of materials they can transport. These limits are designed to prevent overloading, which can significantly increase the risk of accidents.
The USDOT Federal Highway Administration lists truck sizes and state weight limits on its website.
Driver Qualifications
Tanker truck drivers transporting hazardous materials are required to obtain a special tanker endorsement from the FMCSA. This endorsement ensures that drivers have the necessary knowledge and experience to safely operate these specialized vehicles.
Hours of Service
“Hours of service” regulations are enforced for maintaining safety on long-haul routes over the highways. Drivers are limited to the hours they can drive and must follow a time-off schedule of a specific number of hours before they can resume the activity.
Vehicle Maintenance
Regular inspections and maintenance of tanker trucks are mandated to ensure that all safety systems are functioning correctly.
Hazardous Materials Handling
Specific protocols must be followed when loading, transporting, and unloading hazardous materials to minimize the risk of spills or other incidents.
While these regulations provide a solid framework for safety, their effectiveness ultimately depends on compliance by drivers, trucking companies, and other stakeholders in the trucking industry.
Common Types of Tanker Truck Accidents
Despite the regulatory safeguards in place, tanker truck accidents continue to occur. Understanding the most common types of these accidents can help drivers be more aware of the potential dangers to support prevention strategies:
Rollovers
Tanker truck rollovers are among the most dramatic and dangerous types of accidents. These incidents are more common with tanker trucks than with other types of large vehicles due to the unique characteristics of their cargo.
When transporting liquids, the movement of the fluid within the tank can create a phenomenon known as “liquid surge.” This occurs when the liquid sloshes back and forth or from side to side within the tank, potentially destabilizing the entire vehicle.
Causes of Rollovers
Rollovers can be triggered by various factors, including:
- Sharp turns taken at excessive speeds
- Sudden swerving to avoid obstacles
- Uneven weight distribution within the tank
- Improper loading or unloading procedures
- Driver fatigue or inattention
When a rollover occurs, the consequences can be catastrophic. The tank may rupture, spilling its contents across the roadway. If the cargo is flammable, there’s a major risk of fire or explosion. Even without ignition, the spilled material can create hazardous conditions for other drivers and potentially cause long-term environmental damage.
Jackknifing
Jackknifing is another severe type of accident that can occur with tanker trucks. This happens when the trailer swings out at a sharp angle from the cab, forming a shape resembling a folding pocket knife.
Causes of Jackknifing
Jackknifing often results from a loss of traction, which can be caused by:
- Sudden braking, especially on slippery roads
- Entering a turn too quickly
- Uneven braking between the tractor and trailer
- Equipment failure, such as brake malfunctions
The danger of jackknifing is compounded with tanker trucks due to the potential for cargo spillage. As the trailer swings out, it may collide with other vehicles or roadside obstacles, potentially rupturing the tank. Even if a spill doesn’t occur, a jackknifed tanker truck can block multiple lanes of traffic, leading to pile-ups and secondary accidents.
Hitch Failures
Also known as “runaway trailers,” hitch failures occur when the tank becomes detached from the truck’s cab. This extremely dangerous situation leaves a massive, potentially hazardous container rolling freely down the road, posing an immense threat to other vehicles and pedestrians.
Reasons for Hitch Failures
Hitch failures can result from:
- Manufacturing defects in the hitch mechanism
- Improper maintenance or inspection of the hitch
- Damage sustained in previous accidents or incidents
- Extreme stress placed on the hitch during jackknifing or other emergency maneuvers
The consequences of a hitch failure can be devastating. The detached trailer may collide with other vehicles, roll off the road, or overturn, potentially releasing its contents. The unpredictable nature of a runaway trailer makes these incidents especially challenging for other drivers to avoid.
Factors Contributing to Tanker Truck Accidents
While mechanical failures and adverse road conditions can contribute to tanker truck accidents, human factors often play a significant role. Again, understanding these contributing factors is necessary for developing effective prevention strategies:
Driver Fatigue
The demanding nature of long-haul trucking can lead to driver fatigue, a major contributor to accidents. Despite regulations limiting driving hours, some drivers may feel pressured to exceed these limits to meet tight deadlines for delivery. Fatigue can impair judgment, slow reaction times, and even lead to drivers falling asleep at the wheel.
Inadequate Training
The shortage of qualified truck drivers has led some companies to hire less experienced personnel. When it comes to tanker trucks, especially those carrying hazardous materials, proper training is vital. Inexperienced drivers may not fully understand the unique handling characteristics of tanker trucks or the proper procedures to follow for dealing with potential emergencies.
Speeding and Reckless Driving
The pressure to meet delivery deadlines can sometimes lead drivers to speed or engage in reckless driving. This is especially dangerous with tanker trucks, as their size and cargo make them less maneuverable and more prone to accidents at higher speeds.
Distracted Driving
Like any other driver, truck operators can fall victim to distractions such as mobile phones, GPS devices, or in-cab entertainment systems. Given the potential consequences of a tanker truck accident, even a moment of distraction can lead to catastrophic results.
Improper Loading and Maintenance
Ensuring that tanker trucks are properly loaded and maintained is required for safe operation. Overloading, uneven weight distribution, or a failure to secure cargo properly can significantly increase the risk of accidents. Similarly, neglecting regular maintenance can lead to mechanical failures that compromise safety.
Industry Pressures that Lead to Accidents
Trucking companies may be under a lot of stress and strain when following logistic deadlines and staying within budget. These types of pressures can also increase the risks of an accident.
Tight Deadlines
The just-in-time delivery model, adopted by many industries, puts immense pressure on trucking companies to meet strict deadlines. This can sometimes lead to unsafe practices, such as encouraging drivers to exceed hours-of-service (HOS) limits or increase their speed to make deliveries on time.
Economic Pressures
Fluctuations in fuel prices, insurance costs, and other economic factors can squeeze profit margins for trucking companies. This financial pressure might lead some companies to cut corners on safety measures or maintenance to reduce costs and increase their bottom line.
Determining Liability: Why You Need to Work with a Truck Accident Lawyer
When a tanker truck accident occurs, determining liability can be a confusing process. Multiple parties may bear responsibility, depending on the specific circumstances of the incident. That’s why it’s always in your best interest to consult with an attorney who regularly litigates truck accident cases. They can determine liability by a thorough review of your case.
Possible Liable Parties in Tanker Truck Accident Cases
Below are some of the parties who may be held responsible in a tanker truck mishap:
Truck Drivers
Drivers are often the first point of scrutiny in an accident investigation. If a driver is found to have violated traffic laws, exceeded hours-of-service limits, or engaged in reckless behavior, they may be held liable for the resulting damages.
Trucking Companies
Trucking companies may be directly liable if they’re found to have:
- Hired unqualified drivers
- Failed to provide adequate training
- Encouraged unsafe practices to meet deadlines
- Neglected proper vehicle maintenance
Manufacturers and Maintenance Providers
If a mechanical failure contributed to the accident, liability might extend to the vehicle manufacturer or the company responsible for maintenance. This can include issues with the truck, the tanker, or specific components like brakes or tires.
Cargo Loaders
The cargo loader of the truck may also be at fault. This can involve overloading the tank or failing to secure the cargo properly.
Government Entities
If poor road design or maintenance caused the accident, the government agency responsible for the roadway might bear some liability.
Seeking Compensation After a Tanker Truck Accident: How a Truck Accident Lawyer Can Help
Victims of tanker truck accidents often face significant challenges in the aftermath, including medical bills, lost income, and long-term health issues. Seeking compensation for these damages typically involves undertaking several legal processes.
Gathering Evidence
Truck accident evidence may include police reports, witness statements, vehicle maintenance records, driver logs, and company safety records.
Determining Liability
As mentioned earlier, multiple parties may share liability. A complex and thorough investigation is often necessary to identify all potentially responsible parties.
Calculating Damages
Calculating damages is not just about figuring current medical bills and lost wages. Lawyers also consider future medical needs, lost earning capacity, and compensation for pain and suffering.
Negotiating with Insurance Companies
Trucking companies often have substantial insurance coverage, but their insurers may attempt to minimize payouts. The negotiation skills of a lawyer are typically necessary to secure fair compensation.
Potential Litigation
If a fair settlement cannot be reached through negotiation, the case may need to proceed to trial.
Retain the Services of a Truck Accident Lawyer If You’ve Been Involved in a Tanker Truck Crash
Given the details involved in an injury claim, many accident victims choose to work with an experienced attorney skilled in truck accident cases. Let your attorney deal with federal and state regulations, handle negotiations with insurance companies, and, if necessary, represent your interests in court.
Talk to an Attorney Today
Talk to a personal injury attorney at Freeburg Law today and schedule a case review ASAP. There are statutes of limitations, meaning time limits, for filing claims in each state, so the sooner you act, the sooner you can receive the compensation needed to cover your medical costs and the related damages in your truck accident case. Schedule and consultation without delay.