Trucks frequently transport hazardous materials across North Carolina, from fuel and dangerous chemicals to radioactive materials and explosives. Crashes involving hazmat trucks can cause severe injuries and have significant environmental effects that last for years or sometimes decades.
If a North Carolina truck accident exposed you to hazardous materials, Kreger Brodish LLP can represent you in your fight for fair compensation. Our North Carolina hazardous materials truck accident lawyers have recovered millions of dollars for people like you and can handle all the legal work in your case. We fight hard for our clients and ensure they’re always in the loop about what to expect. To quote from one of our client testimonials:
Over the past 7 years, I have needed to contact this firm after being injured in an accident. Each time, my expectations have been surpassed and I have came away with a resolution that I didn’t expect. The team does an excellent job of communicating and informing you of what to do and what to expect. I highly recommend them, not only for their professionalism, but their vast knowledge and amazing results. Thank you to the team.
- Chad H., Durham
You don’t owe us any fees unless we recover compensation for you. Call now or complete our contact form for a free initial consultation.
Common Causes of Hazardous Materials Transportation Accidents
Given the heightened risks of injury or illness that come with hazmat truck accidents, truck drivers and trucking companies must take additional precautions to avoid crashes. Unfortunately, many truck drivers, trucking companies, and others in the trucking industry still engage in unsafe practices, such as:
- Truck Drivers Going Too Long Without Breaks – Safely transporting hazardous materials requires a lot of work and concentration. When drivers go too long without a required break, their concentration and reflexes suffer, making a crash more likely.
- Truck Drivers Following Too Closely – Hazardous materials trucks can be large and unwieldy, requiring more time and space to slow down and stop safely. Drivers who don’t increase their following distances to account for this make a crash more likely.
- Improperly Securing or Balancing Cargo – No truck driver wants their cargo to spill in transit, but the potential danger of cargo spills increases significantly when transporting hazardous materials. If the cargo isn’t secured properly and evenly balanced, it may spill or cause the truck to become unbalanced, which makes a collision more likely.
- Failure to Follow Route Instructions – By law, hazmat trucks cannot use certain roads or tunnels. When hazmat truck drivers ignore these rules, their trucks may become stuck or face other risks that raise the chances of an accident.
- Mechanical Malfunctions or Failures – Defective or worn truck parts can fail if trucking companies and maintenance providers don’t repair or replace them, increasing the chances of a catastrophic collision.
- Exposing Hazardous Materials to Heat or Other Dangerous Conditions – Certain hazardous materials can ignite or explode when exposed to heat or other dangers if semi-truck drivers aren’t careful.
Dangers and Consequences of HAZMAT Accidents
The dangers of semi-truck accidents involving hazardous waste are real and severe. Radioactive materials can cause serious, even fatal, illnesses that can linger for years. Caustic chemicals can cause severe chemical burns and other injuries. Some hazardous materials can ignite or explode during a crash, leading to severe burns or other injuries for anyone nearby.
Hazmat truck accidents can also have devastating consequences for the local environment. Fuel and other chemicals can leach into the soil or groundwater, potentially poisoning anyone in the area. The same is true for radioactive materials often transported on commercial vehicles.
Federal and State Regulations for Hazardous Materials Transportation
Some of the key federal and state regulations truck drivers and trucking companies must follow when transporting hazardous materials in North Carolina include:
Federal Regulations
The Federal Motor Carrier Safety Administration (FMCSA) enforces national regulations for transporting hazardous materials, including:
- Vehicle Attendance and Surveillance – A truck driver carrying hazardous materials must stay with the vehicle when carrying hazardous materials, especially explosives.
- Parking Restrictions – Hazmat trucks cannot park within 300 feet of a bridge, tunnel, or gathering place unless absolutely necessary.
- Smoking and Fueling – Smoking near hazardous materials is prohibited, and truck drivers must shut off their vehicles during fueling.
- Route Restrictions – Trucking companies hired to transport hazardous materials must plan routes that avoid highly populated areas whenever possible.
- Emergency Procedures – Hazmat truck drivers must carry documentation with instructions on how to handle any hazardous material spills, leaks, or accidents
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State Regulations
North Carolina law requires trucking to comply with federal safety regulations regarding the transportation of hazardous materials. The North Carolina Department of Public Safety (NCDPS) has the authority to:
- Conduct safety audits to make sure truck drivers and trucking companies follow the rules
- Inspect vehicles to ensure they meet safety standards
- Enforce hazmat packing, loading, and weight limits
Obtaining a CDL with a Hazardous Materials Endorsement in North Carolina
To legally transport hazardous materials in North Carolina, a commercial truck driver must have a Commercial Driver’s License (CDL) with a Hazardous Materials (H) Endorsement. CDL applicants must be at least 21 to drive across state lines or transport hazardous materials. Applicants must also pass a medical exam and hold a valid North Carolina driver’s license (or a valid license from another state).
Truck drivers transporting hazardous materials must also pass a written test to obtain their hazmat endorsement. This test covers identifying and classifying hazardous materials; proper hazmat loading and unloading procedures; proper labeling, placarding, and shipping documentation; and emergency procedures in case of leaks or accidents
The Transportation Security Administration (TSA) also conducts background checks on anyone applying for a hazmat endorsement. This background check helps ensure that applicants do not have criminal records related to terrorism or major security threats. Some hazardous materials drivers may need additional endorsements in certain situations, such as a Tank Vehicle (N) Endorsement when transporting liquids or gases in large tanks.
Determining Liability in a Hazmat Accident
Hazmat truck accidents in North Carolina often happen because someone involved in transporting the materials didn’t follow the rules or engaged in unsafe behavior. Commonly liable parties in these cases include:
- The Hazmat Truck Driver – The truck driver might be liable if they didn’t follow speed limits, followed other vehicles too closely, ignored route instructions, didn’t inspect the truck before the trip, or engaged in other dangerous or careless behavior.
- The Trucking Company – Trucking companies have a duty to make sure they hire qualified drivers to transport hazardous materials and see that their drivers follow the required regulations. These companies may be liable for accidents if they don’t meet their legal obligations.
- Truck or Parts Manufacturers – If a hazmat truck accident occurs because of a defective part, the company that made the component could be liable.
- Cargo Loaders – Cargo loaders who don’t make sure hazardous materials are properly secured and balanced could be liable for a collision if they didn’t do their jobs correctly.
Steps to Take If You Are Injured in a Hazmat Accident
Follow these steps to protect your health and legal rights after a North Carolina hazmat truck accident:
- Call 911 to Report the Accident – Make sure the police respond to the scene so they can investigate the accident, file a crash report, and summon other help if necessary to contain the potential environmental impact of the collision.
- Seek Immediate Medical Attention – Exposure to certain hazardous materials can be fatal without prompt medical treatment. See a doctor immediately and tell them as much as possible about whatever substance you were exposed to.
- Write Down What Happened – If possible, write down everything you remember about the accident to refer to it later. It’s best to do this right away before any details about the crash fade.
- Don’t Discuss Your Case with Anyone – Don’t say anything to anyone other than a lawyer about how the crash happened or your injuries. You don’t want to do anything that might jeopardize your case.
- Hire a Hazardous Materials Accident Lawyer – Hazmat truck accidents involve complex rules and severe injuries. A North Carolina hazardous materials truck accident attorney can identify who’s responsible for your injuries and take steps to hold them accountable.
Compensation for Victims of Hazardous Materials Accidents
Depending on your injuries, medical bills, and any long-term effects of the crash, your compensation after a hazmat truck accident could include money for:
- Current and future medical bills related to the collision
- Lost income and reduced future earning capacity
- Diminished quality of life
- Pain and suffering
- Emotional distress
- The cost to repair or replace your damaged property
Why Choose Our North Carolina Hazardous Materials Truck Accident Lawyers?
Truck accidents, including hazmat truck accidents, are a core part of our practice at Kreger Brodish LLP. We understand the various state and federal laws that apply to these cases, so we know what to look for and how to identify those responsible for your injuries. Our results include multiple seven- and six-figure verdicts and settlements for our clients.
When you trust us with your hazmat truck accident claim, you can count on our team to provide the individualized attention you and your case deserve. We make ourselves available via email, phone, and text, so you can always reach us through your preferred channels. Our team is here to support you with outstanding legal services at every stage of your claims process.
Contact Our Firm to Schedule a Free Consultation
The team at Kreger Brodish LLP is ready to listen to your story and fight for the money you need to rebuild your life. Call us now or complete our contact form for a free consultation.
