Liability in Tanker Truck Accidents

When an 80,000 pound tanker truck hits a 6,000 pound car, the car loses. Both driver and passengers will likely suffer catastrophic personal injury and, unfortunately, wrongful death. To help prevent such accidents, the Federal Motor Carrier Safety Administration enforces the safety regulations for operators. Despite government intervention, tanker truck accidents still occur and cause serious injury and several hundred Florida fatalities each year.

Without tanker trucks, the transport of petroleum products, chemicals, beverages, radioactive materials would be seriously curtailed. In fact, our entire economy depends on transportation of raw goods by large trucks. Yet, tanker trucks pose considerable danger to other vehicles on the roadway.

Placing Blame in a Tanker Truck Accident

When a tanker truck accident occurs, an investigation of both the driver and company are warranted. Legally, one or both can be held liable in an accident where fault is proven.

Reasons for Driver Liability

At an accident scene, the driver will be under careful scrutiny by police or highway authorities. Following a tanker truck accident, the tanker truck driver will be questioned about:

• Drug or alcohol use
• Speeding
• Driver fatigue

The American Trucking Association estimates that by 2014, more than 100,000 more transport drivers will be needed. A shortage of drivers is likely to magnify the problem and create more dangerous conditions as drivers are stretched to the limit in transporting from one hub to the next.

Reasons for Company Liability

Beyond the fault of the driver, investigators will encounter extremely complex liability issues as transportation carriers and vehicle owners are interviewed, and the possibility of multiple insurance companies become involved. When a company is held liable for a tanker truck accident, liability usually involves matters relating to:

• Improper maintenance
• Mechanical failure
• Defective parts
• Improper loading or overloading of truck
• Company negligence in hiring or retaining a driver
• Below standard safety policies

Hiring a Tanker Truck Accident Attorney

Company representatives step into high gear to protect business interests after a tanker truck accident. Without an attorney, you are alone to protect your interests even though you may be suffering from injuries caused by the crash. The complexities of tanker truck litigation should be handled by those with extensive experience in the field. By hiring a skilled truck accident attorney, will be confident that you will recover compensation for:

• Pain and suffering
• Current and future medical costs
• Loss of income
• Emotional injuries