If you have been injured in an accident with a tanker, contact an attorney to guide your actions.
A truck explosion in Doral sent debris flying over the roadway after an acetylene tank exploded while sitting in the back of a truck. This incident exemplifies the danger posed in all truck accidents compared with the increased possibility of damages that may be more substantial if it had been a big rig tanker explosion. Truck accident fatalities increased by 9% in the United States truck according to 2017 crash statistics. Tanker trucks may be more dangerous than other carrier trucks because of the weight distribution complexities and the type of substances trucks contained, such as flammable liquids, pressurized gases or highly toxic chemicals that are difficult to clean up after an accident. Contact a truck accident attorney if you have suffered property damage or injury, which tends to be catastrophic or long-lasting after an accident with a tanker.
Actions to reduce accidents.
There are specialized mechanical components in tankers and big rigs requiring proper training before commercial driver’s licenses are issued for drivers who will be moving dangerous cargo loads. A tanker driver can reduce accidents by:
- Controlling surges – liquid surges can cause trailers to roll over when braking even though some tanks have baffles that control forward and backward surges, they do not control side to side movement. Consistent brake pressure can assist in surge control.
- Maintaining long stopping distances – a simple measure that will allow more reaction time, and decrease the likelihood of an impact.
- Drive smoothly to keep liquid from moving around too much and upsetting truck balance.
- Avoid skidding by driving with control, and moving slower in bad weather situations.
- Observe speed limits to make certain you are driving safely for the type of roadway you are traveling. This will also allow more reaction time to other vehicles or road and weather situations.
Personal injury suit.
Accident victims can file a personal injury claim under Florida’s No-Fault Insurance Law, and if there are extensive personal injuries, or wrongful death claims, legal action can be pursued where fault will need to be determined, by utilizing the “pure comparative negligence rule.” This means that if a party is responsible for any part of the activities that led to a victim’s injury, the compensation will be adjusted in accordance with the percentage of fault assigned
Damages.
Damages from a collision with a tanker truck can yield substantial injuries that may require initiating litigation above a common accident insurance claim to meet “serious injury threshold” requirements. Documentation that may be necessary to support a successful legal action might include:
- Medical bills: The amount of your settlement is largely contingent on the extent of your injuries. If you were severely injured, go to the doctor and keep precise records of all medical treatment.
- Visual evidence: photographs taken at the scene and pictures of injuries.
- Witness testimony: People at the scene, including passengers may have valuable testimony.
- Police reports: When police arrive at the scene or when you file a police report, officers will be taking notes. They have an objective perspective and will document the events of the accident precisely and their version of events could help your case.
Contact an attorney.
An experienced truck accident attorney will be able to determine the necessary actions, including proving negligence by relying on gathered documentation to support a claim for damages necessary for truck accident victim recovery.
Sources:
https://flhsmv.gov/pdf/crashreports/crash_facts_2017.pdf
Restatement (Second) of Torts § 402A cmt. b (Am. Law Inst. 1965). Citing to the Second
Restatement and the comment to a specific section
