New Law Aimed at Reducing Unsecured Load Truck Accidents in Ohio
Posted in: Truck Accidents
Getting into an accident with a tractor-trailer can be a terrifying event, but if the truck was carrying hazardous materials, it can be devastating. If you are in one of these accidents, you can face serious, potentially lifelong injuries or medical conditions. You also run the risk of being unable to work for an extended period of time. If you were involved in an Ohio truck accident that resulted in a hazardous materials spill, call Kisling, Nestico & Redick to find out how you should handle your case.
The Federal Motor Carrier Safety Administration (FMCSA) oversees regulations for semi-trucks. While all trucks and truck drivers must adhere to certain laws, there are special statutes that pertain solely to those carrying hazardous materials. The FMCSA defines hazardous materials as those that could impose an “unreasonable threat” to the health and safety of people and the environment. The agency breaks down the materials covered by this definition into nine hazmat categories:
All trucks carrying hazardous materials must have a sign affixed to all four sides. This sign is shaped like a diamond and contains the category level on the bottom point.
Drivers must also carry a Hazardous Materials Safety Permit (HMSP) if they are transporting certain amounts of particularly hazardous materials. All drivers must also carry shipping documents that explain exactly what is being transported, and that are filled out according to the hazardous material regulations.
If a truck spills its hazardous materials, there can be a detrimental effect on both people and the environment. Listed below are just a few of the problems that can occur:
In a personal injury claim, there must be a party that acted negligently and failed to exercise a duty of care. In the case of a truck accident that results in a hazmat spill, there are a few parties that may be responsible:
Additionally, both parties could be at fault if the truck was shipping hazardous materials that were not properly loaded and secured inside the rig.
If you or a family member were injured in a truck accident that caused a hazardous waste spill, your injuries could take months or even years to fully heal. During that time, it may be impossible for you to work, which means you could lose wages from your job and your family could suffer financially. When your accident was caused by a negligent driver, you are entitled to request compensation that will cover the damages you’ve suffered. It is important to consult a truck accident lawyer about your case so you can understand what damages you may receive, and what evidence you need to show the other driver was at fault.
A truck that spills hazardous materials can cause debilitating health problems. You should not be held financially responsible for this horrific accident when it wasn’t your fault. Call the experienced truck accident attorneys at Kisling, Nestico & Redick to talk about your options. We want to help you get your life back on track.