When a truck accident causes a hazardous material spill, the consequences can be devastating. Victims face serious injuries, long-term health effects from chemical exposure, and overwhelming financial burdens. What makes it even more distressing is that when victims seek their fair compensation, they often encounter tricky disputes, frustrating delays, or outright denials.
For a stronger claim, reach out to a New Jersey hazardous material truck accident lawyer at Grossman Law. With nearly 30 years of experience and deca-millions won for clients, we can help you navigate the complexities of your case and aggressively advocate for your maximum compensation. We offer our services at no cost to you until we win on your behalf.
Start today with a free consultation. Call Grossman Law at (877) 996-5529.
What Makes Hazardous Material Truck Accidents So Dangerous?
Hazardous material truck accidents are uniquely perilous due to the nature of the substances involved. These materials, such as flammable liquids, toxic chemicals, or gases, can cause catastrophic damage when spilled. The sheer size and weight of commercial trucks carrying these materials make accidents more severe.
For instance, a crash involving a tanker carrying toxic chemicals could result in widespread contamination, endangering not just those at the accident scene but also nearby communities. Victims may suffer from burns, respiratory issues, or long-term damage to their central nervous system.
Types of Hazardous Materials Transported by Trucks
The Federal Motor Carrier Safety Administration (FMCSA) classifies hazardous materials into nine distinct categories, each posing unique risks during transport. These include:
- Explosives – Substances capable of detonating or triggering explosions, including blasting agents and detonating devices
- Gases – Includes flammable, non-flammable, and toxic gases that pose inhalation and fire hazards
- Flammable liquids – Common examples are gasoline, diesel fuel, jet fuel, kerosene, and ethanol, all of which can ignite easily
- Flammable solids and spontaneously combustible materials – Substances like activated charcoal, aluminum powder, and magnesium that can ignite without an external heat source
- Oxidizers and organic peroxides – Chemicals that can accelerate combustion in other materials, with some organic peroxides posing an explosion risk
- Toxic materials and infectious substances – Includes poisonous chemicals and biological hazards that can cause severe health effects
- Radioactive materials – Highly hazardous substances that remain dangerous for centuries, requiring special handling and containment
- Corrosive materials – Strong acids and bases capable of burning, eroding, or severely damaging surfaces and skin upon contact
- Miscellaneous hazardous materials – Includes lithium batteries, which may ignite or explode, and dry ice, which can deplete oxygen levels and cause asphyxiation in enclosed spaces.
Regardless of the type of cargo and the resulting injuries, we at Grossman Law are well-equipped to handle your New Jersey truck accident claim. We have been in this legal field for almost three decades and have extensive experience with hazardous material cases. With us, you can trust that your claim is handled by a knowledgeable attorney who specializes in truck accidents and is unafraid to tackle complex claims.
Who Is Liable in a Hazardous Material Truck Accident?
Liability in truck accidents is often more complex than in standard car accidents because multiple parties may share responsibility. This is especially true for accidents involving hazardous materials. While the truck driver is often assumed to be at fault, other parties may also be held liable, including:
- The trucking or shipping company responsible for overseeing transportation
- The company handling truck maintenance if mechanical failure played a role
- The truck manufacturer if a defect in the vehicle contributed to the crash
- The company responsible for loading the truck if improper loading caused instability
- The manufacturer of the hazardous material if the substance was not properly labeled or packaged.
Determining who is at fault depends on the specific circumstances of the accident. For instance, if the hazardous materials were not packaged correctly or lacked clear labeling, the manufacturer could be held accountable. Similarly, if a trucking company failed to properly train its driver on how to safely transport hazardous cargo, the company could be found liable for the accident.
Is the Trucking Company at Fault?
Trucking companies play a critical role in ensuring safety but often cut corners to save costs. Common examples of negligence include:
- Failing to train drivers properly
- Overloading trucks with hazardous materials
- Ignoring federal safety regulations.
Before addressing whether you can sue the shipper of hazardous materials, it’s important to understand how personal injury claims work in truck accident cases. To succeed in a personal injury lawsuit, you must prove the following three elements:
- The defendant had a legal duty of care. In motor vehicle accident cases, all drivers are required to operate their vehicles safely and avoid endangering others. For manufacturers and shipping companies, their duty extends to ensuring that products and materials are not dangerous or improperly handled.
- The defendant violated this duty. Breach of duty means acting recklessly or without regard for public safety.
- The breach of duty directly caused harm. To file a successful claim, you must demonstrate that the accident resulted in actual harm. In truck accidents involving hazardous material spills, injuries could include physical trauma, respiratory conditions, or property damage.
If you can establish all three of these key elements, you may have valid grounds for a hazardous material truck accident personal injury lawsuit. We can help you at the Grossman Law firm. Over the last 27 years, we have stood up to many trucking companies whose careless operations led to catastrophic injuries. Our fearless representation has led to millions of dollars in compensation for our clients, whose injuries and losses deserved maximum repayments.
Could a Manufacturer Be Liable for Your Injuries?
In some cases, we examine whether the manufacturer of the truck or of the hazardous material also contributed to the accident. If so, they could also be held liable to pay for your losses. This would fall under product liability laws, where there are three main types of claims:
- Design defects – These occur when a product’s original design is inherently flawed, making it unreasonably dangerous even when used as intended. To prove this, the plaintiff must demonstrate that the hazardous material itself posed a risk, regardless of proper handling.
- Manufacturing defects – These happen when a product deviates from its intended design due to errors in the production process. In these cases, the manufacturer fails to follow established safety standards, leading to a defective and potentially hazardous final product.
- Marketing defects (Failure to warn) – This type of defect occurs when a company fails to provide proper labeling, warnings, or usage instructions for a product. If a hazardous material lacks clear safety instructions, fails to warn about potential risks, or does not include guidelines for safe handling, the manufacturer or shipper could be held liable for injuries resulting from exposure or spills.
Most hazardous material spill cases involve marketing defects, specifically failure to warn. If the container of a hazardous substance lacks proper safety labels, warnings, or handling instructions, the manufacturer or shipper may be legally responsible for any harm caused by the spill.
Don’t hesitate to talk to us at Grossman Law about your truck crash. In a free consultation, we’ll evaluate your claim and guide you on your best next steps. When we take on your case, we’ll thoroughly investigate the crash to determine all liable parties and what they may owe you.
Regulations for Truck Drivers Transporting Hazardous Materials
Truck drivers transporting hazardous materials must comply with all standard trucking regulations in addition to specialized rules designed for the safe handling and transport of dangerous cargo. These requirements include:
- Warning signage – Trucks carrying hazardous materials must display placards on all sides to alert other motorists of the potential danger.
- Proper handling and storage – Hazardous materials must be safely loaded, secured, and stored to prevent leaks, spills, or accidents.
- Restricted routes and parking rules – Drivers must avoid roads where hazardous material transport is prohibited and adhere to specific parking regulations, including maintaining a minimum distance of five feet from public roads.
- Cargo monitoring – Certain hazardous substances require continuous monitoring to ensure safety during transit.
- Specialized training – Drivers must receive proper education and certification on handling, packing, transportation laws, and safety procedures related to hazardous materials.
Common Injuries from Exposure to Hazardous Materials
Exposure to hazardous substances can result in:
- Severe burns from contact with flammable or corrosive chemicals
- Respiratory issues due to inhalation of toxic gases
- Long-term health effects like cancer or damage to the liver and kidneys.
These injuries often require extensive medical attention and may lead to permanent disability.
How to File a Lawsuit After a Hazardous Material Accident
Filing a lawsuit involves several steps:
- Contacting a truck accident attorney for a confidential consultation
- Gathering evidence like police reports, medical records, and witness statements
- Filing claims against all liable parties within New Jersey’s statute of limitations.
When you work with us at Grossman Law, our lawyer will guide you through each step to ensure your case is handled effectively.
Compensation Available in a New Jersey Hazardous Material Truck Accident Case
The compensation you may be entitled to will depend on the extent and severity of your injuries. Potential damages can include:
- Medical costs: Coverage for hospital stays, surgeries, medications, rehabilitation, and ongoing treatment
- Lost income: Compensation for wages lost due to missed work during recovery
- Reduced earning potential: If the injury limits your ability to work or forces you into a lower-paying job
- Pain and suffering: Compensation for physical pain and long-term discomfort caused by the accident
- Emotional trauma: Damages for mental distress, anxiety, PTSD, or other psychological effects
- Permanent disability: If the accident results in long-term impairment that affects daily life.
- Scarring or disfigurement: Compensation for visible injuries that impact appearance and self-esteem
- Loss of companionship: If injuries affect your ability to maintain relationships with a spouse or loved ones
- Punitive damages: Additional compensation intended to punish gross negligence or reckless behavior (awarded in a few cases).
Why You Need a New Jersey Hazardous Material Truck Accident Lawyer
An experienced truck accident attorney can help you:
- Investigate the accident thoroughly
- Identify liable parties
- Negotiate your settlement with trucking companies or insurers
- File a lawsuit if necessary to secure maximum compensation for your injuries.
Grossman Law is experienced in all these areas and more. Our legal service in the last 27 years has resulted in deca-millions worth of settlements and verdicts for our clients, each of whom we treated like family throughout their case. With our legal expertise on your side, you can focus on recovery while our attorney competently handles the legal matters.
Contact a Skilled Hazardous Material Truck Accident Lawyer from Grossman Law
A hazardous material truck accident can leave victims with severe injuries, long-term health issues, and overwhelming financial burdens. If you or a loved one has been harmed due to exposure to toxic chemicals, flammable substances, or other dangerous materials, you need experienced legal representation to fight for your rights.
At Grossman Law, our dedicated New Jersey hazardous material truck accident lawyers understand the complexities of these cases and will work tirelessly to hold negligent parties accountable. Don’t navigate this challenging time alone. Let us help you secure the compensation you deserve.
Take the first step toward justice. Contact us today at (877) 996-5529 for a free, no-obligation consultation and let our legal team fight for you.