Hazardous Material (Hazmat) Truck Accident Claims Process

Get legal help if you are injured in a truck accident involving hazardous materials. Hire a Nashville truck accident lawyer to serve as your legal representation. Your attorney handles your legal matters as you recover from your accident and injuries. 

Dangers of Nashville Truck Accidents Involving Hazardous Materials

It is incredibly dangerous to be involved in a truck accident involving flammable liquids, toxic chemicals, or other hazardous materials. You could inhale toxic fumes that can cause respiratory problems. In addition, a fire or explosion could occur, leading to burn injuries and smoke inhalation. You could also be exposed to radiation, which could be fatal. 

Seek medical care immediately after a truck accident that involves hazardous materials. In the days after, consult with a Nashville accident attorney. Your lawyer will encourage you to take legal action against the truck driver or other parties liable for your accident. They can help you get money for your medical bills and other accident losses. 

Federal and State Regulations for Transporting Hazardous Materials in Trucks 

Per Title 49 of the Code of Federal Regulations (CFR), Parts 100-185, there are requirements for businesses to classify, package, label, mark, placard, and document the shipment of hazardous materials. These requirements apply to businesses nationally. They detail what companies must do to load, unload, and handle hazardous materials safely during transport. 

To transport hazardous materials, a trucker must have a commercial driver’s license (CDL) with a HAZMAT endorsement. As part of the process to get a CDL with this endorsement, an individual must pass a written exam that shows they understand hazardous materials regulations to obtain this license and undergo a background check. 

In the United States, a trucking company may need a hazardous materials registration number. The business may be financially responsible if one of its truckers is at fault for an accident while transporting hazardous materials.

Meanwhile, Tennessee follows most federal rules regarding the transport of hazardous materials in trucks. If a truck driver crashes their vehicle carrying hazardous materials into your car, this individual or their employer may be liable for your losses. 

Who Is Liable for Truck Accidents Involving Hazardous Materials?

A trucker or their employer may be at fault for a truck accident involving hazardous materials. Outside of these parties, a cargo loader, a government entity, or a truck manufacturer may be at fault. Factors that impact liability in trucking accidents include:

• Traffic violations
• Driver fatigue
• Lack of training for a truck driver
• Improper truck maintenance

Talk with a Nashville personal injury lawyer if your truck accident occurs for these or other reasons. Your attorney speaks with witnesses, reviews traffic camera footage of your accident, and takes other measures to determine who is at fault. If warranted, they can file a claim for compensation against a liable party and help you get the optimal case results.

When to File a Claim After a Truck Accident Involving Hazardous Materials 

Based on Tennessee Code Annotated § 28-3-104, you may have one year from the date of a trucking accident to submit a personal injury claim. You may get compensation through an insurance claim or personal injury lawsuit. 

Trust a personal injury attorney to help you deal with the aftermath of your trucking accident. Your lawyer can negotiate a settlement with a liable party’s insurance company. If settlement negotiations are unsuccessful, your attorney can present your case to a judge or jury.