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April 16, 2020 by Greg
Personal Injury Attorneys know they have to handle a commercial vehicle injury claim differently than a passenger car crash. The rules that apply to truck drivers and trucking companies are distinctive from the road laws for everyday drivers.
Likewise, when a big rig gets into an accident while carrying hazardous material, the case must be handled slightly differently than a regular tractor-trailer crash.
Texas truck accident statistics show the state has more fatal trucking accidents than any other state.
Under the trucking regulations, hazardous material is a substance or material capable of posing an unreasonable risk to health, safety, and property when transported in commerce.
This definition includes wastes, marine pollutants, temperature-elevated materials, and other materials designated under federal regulations.
There are nine classes of hazardous material for truck regulation purposes.
Class I – explosives
Class 2 – gases
Class 3 – flammable liquid
Class 4 – flammable solids
Class 5 – oxidizing substances and peroxides
Class 6 – poisonous and infectious substances
Class 7 – radioactive material
Class 8 – corrosives
Class 9 – miscellaneous dangerous goods
Each of these classes and substances is defined under Federal Regulations. Generally, the more dangerous the material, the higher the safety precautions are taken in packaging and transporting.
Trucking companies that engage in the transportation of hazardous materials are responsible for the safety regulations related to such materials. They must have proper information regarding the material and have it appropriately packaged with appropriate reporting and safety information.
The motor carrier must also ensure that the employees get specific training in hazardous materials. The training must be performed before the employee works with such material.
Stringent rules apply to the training and certification of employees. Also, appropriate safety training must be provided, as well as protective equipment and proper handling methods.
After an accident, police officers are unaware of the additional requirements for hazardous material transport when investigating a crash.
Local law enforcement may be unaware of the other rules and requirements for hazardous material shipping. Trucking accidents are different from typical auto accidents given the safety rules for truckers.
The attorney handling the injury case involving hazardous material must know the hazardous material regulations. Often, rule violations can be uncovered once discovery in the personal injury case has commenced. One early step by the best commercial vehicle accident lawyers is taking steps to preserve evidence.
Liability insurance requirements under federal regulations are increased for carriers transporting hazardous materials. The liability minimums are increased to between 1,000,000 to 5 million dollars in liability coverage will be required—section 387.9.
Our truck accident lawyers have frequently found excess coverage for motor carriers that haul hazardous material. The minimum liability coverage required under regulations depends upon the carrier and the cargo.
Transportation of hazardous materials adds extra danger to a tractor-trailer crash. Not only can the material spill in an accident and cause other accidents, but exposure to the chemical can also lead to injury.
In Houston, hazardous material cleanup crews are frequently required after a truck crash. The accidents tend to shut down the highway for many hours while cleanup commences with qualified teams. Leaving local municipalities the cleanup responsibility.
Rollover truck accidents often occur with carriers hauling liquids. This can lead to additional accidents when spilling substances on the roadway, either from exposure or causing other innocent motorists to lose control.
One of the first things a qualified truck accident lawyer does after being retained for a trucking accident is to identify potential defendants. With hazardous materials, in addition to the truck driver and trucking company, in some situations, one must also consider the shipping entity.
A careful investigation of the crash and the actions of the trucking company, tribe driver, and shipper can be fruitful in discovering violations of the safety regulations, which may be considered negligence per se.
Some rule violations are often discovered after the intense discovery of a personal injury or wrongful death case. Following the safety regulations is the best way to prevent a truck crash.
Trucking accidents, especially ones involving extra danger to the driver and community, are prevented largely by the laws and regulations for trucking companies and professional drivers.
Most of the time, the best commercial vehicle accident lawyers will uncover violations like illegally parked big rigs. When used in a truck accident lawsuit, the safety violations are powerful evidence of negligence. With evidence showing careless conduct that endangers others, juries tend to act to compensate fully the victims.
Looking for the best truck accident lawyers in Houston, TX? Contact Baumgartner Law Firm for a FREE Case Consultation- Call (281) 587-1111.
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Houston Fatal Truck Accident Lawyer
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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