Tanker trucks that haul fuels and other chemicals are very specialized vehicles. No matter what a tanker truck carries, these vehicles can endanger anyone, especially if a truck driver negligently causes an accident.
The sheer size of tanker trucks, ranging from 5,500 to 11,600 gallons and weighing several tons, poses a severe hazard in any accident scenario. If one of these large vehicles strikes a smaller vehicle, or even worse, a bicycle, motorcycle, or pedestrian, the results can be devastating and sometimes deadly.
A tanker truck collision may also result in a spill or explosion that causes accident victims to suffer severe burn injuries. These accidents may also result in severe property damage.
If you recently suffered injuries in a tanker truck accident that resulted from a truck driver or trucking company’s negligence, you may have legal options to consider.
An experienced Edmonton truck accident lawyer near you can review the police report for your accident case and discuss the accident circumstances with you. Your lawyer may then prepare a personal injury claim to file with the at-fault truck driver or trucking company’s insurer.
Throughout the process, your lawyer can handle all settlement negotiations with insurance company representatives and, if necessary, file a lawsuit in your case. During truck accident litigation, your lawyer will attend all legal proceedings with you, aggressively advocate for your legal interests, and work to maximize the total monetary award you receive for your injuries.
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Common Causes of Tanker Truck Accidents
Tanker truck accidents can happen for various reasons, but they usually occur when drivers are negligent. However, they may also occur when truck drivers and trucking companies fail to properly load and unload materials onto these trucks.
Because of the many dangers associated with tanker trucks, Transport Canada’s Motor Carrier Division and provincial governments impose heavy regulations on tanker trucks. Because of the fluid nature of its contents, a tanker truck is more likely than other vehicles to roll over or jackknife since the truck contents are frequently shifting.
Moreover, if these materials spill onto the ground in an accident, they may cause a fire or explosion. Because of these hazards, truck drivers, trucking companies, and other employees have a high duty of care to properly load and unload materials onto tanker trucks.
In addition to violating state and federal motor carrier regulations, tanker truck accidents may result from state traffic law violations, such as speed limits, turn signal laws, and right-of-way laws.
A truck driver may also cause a severe accident if they fail to regularly use their side view mirrors while driving and reversing out of parking spaces.
A tanker truck accident may also result from fatigued driving. Many drivers are on the road for long hours and do not stop to take frequent breaks, hoping to reap financial benefits from their trucking company employer. However, driving for long hours without stopping may cause the driver to become fatigued and lose their ability to concentrate on the road.
Alternatively, a drowsy driver may fall utterly asleep at the wheel, causing them to lose control of their vehicle, thereby bringing about multiple collisions with other vehicles.
A tanker truck accident can also occur when a driver operates their vehicle while under the influence of alcohol or drugs. Although most passenger vehicle operators are legally intoxicated with a blood alcohol concentration of 0.08 percent or higher, a zero-tolerance policy applies to commercial truck drivers, including individuals who operate commercial trucks.
The law severely penalizes convicted DUI offenders because of the various symptoms associated with drunk driving. An intoxicated truck operator, for example, may have difficulty concentrating on the road and may experience a variety of physical symptoms, including nausea, dizziness, and blurred vision.
They may also experience a lack of coordination, impaired judgment, delayed reflexes, and delayed reaction time, preventing them from stopping their vehicle before a crash.
Finally, some truck drivers cause accidents when they fail to observe the road. Instead of looking at the road and in their mirrors, they might be fiddling with a cellular phone, programming a GPS navigation device, or listening to loud music while driving. All these activities may turn a driver’s eyes and attention away from the road, bringing about a severe accident.
In addition to tanker truck driver negligence, the trucking companies that employ these drivers may behave negligently or carelessly. As a result, a severe tanker truck accident can occur.
Some of the most common ways trucking companies are negligent include overloading or improperly loading tanker trucks, failing to conduct safety inspections regularly, improperly training employee truck drivers, failing to set realistic deadlines for tanker truck drivers, and failing to properly maintain the tanker trucks.
If you suffered injuries in a tanker truck accident, a skilled truck accident lawyer near you can evaluate your circumstances and determine your eligibility to file a claim or a lawsuit against the at-fault party or their insurance company.
Your lawyer can then handle all settlement negotiations and work to get you the total compensation you deserve.
Injuries in a Tanker Truck Collision
Tanker trucks pose a serious problem in an accident scenario. In addition to the standard injuries that frequently come with serious truck accidents, a tanker truck involved in an accident may explode or cause a chemical spill, leading to a whole new host of complications.
When a massive, heavy vehicle like a tanker truck strikes a much smaller vehicle, such as a passenger car or truck, it is usually the accident victims on the receiving end who suffer the most severe injuries. The specific injuries that an accident victim will suffer typically depend on the circumstances surrounding the accident, the force of the collision, and the type of accident that occurs.
Common injuries that result from tanker truck accidents include open lacerations, bruises, internal bleeding and organ damage, traumatic head and brain injuries, complete and incomplete spinal cord injuries, paralysis injuries, rib fractures, bone fractures, eye injuries, mouth and teeth injuries, and soft tissue injuries.
If the tanker truck accident results in a chemical spill or explosion, accident victims may suffer additional complications, including radiation injuries, chemical burns, internal burns that result from inhaling smoke, and external burns.
Obtain the necessary medical treatment upon suffering one or more of these injuries in a tanker truck accident. This treatment may involve attending medical appointments with doctors and physical therapists and undergoing medical procedures, such as surgeries.
Completing this medical treatment enhances your chances of full medical recovery. You also show the insurance company handling your case that your injuries are severe and warrant significant monetary compensation.
In the meantime, a truck accident lawyer can begin gathering your medical treatment records, injury photographs, police diagrams, and other documents that will be necessary to prove your case.
Once you complete your medical treatment, your lawyer can submit these documents to the insurance company as part of a settlement demand package for monetary compensation.
Successfully Proving a Truck Accident Claim or Lawsuit
If you sustained injuries in a tanker truck accident that resulted from someone else’s negligence or carelessness, you can pursue a personal injury claim or lawsuit seeking monetary damages.
However, you must satisfy the necessary legal elements to recover financial compensation as part of that claim. In a personal injury claim involving a truck accident, the victim has the sole legal burden of proof. The at-fault truck driver or trucking company does not have to prove anything in the case.
First, the injured accident victim must establish that the at-fault truck driver or trucking company owed them a legal duty of care. Truck drivers have a duty to follow all traffic safety laws and state and federal motor carrier regulations. Trucking companies also have a duty to follow these regulations and to properly hire, retain, train, and supervise their drivers.
Next, the accident victim must show that the at-fault party violated their legal duty of care. For example, a truck driver might have operated their vehicle while under the influence of alcohol or violated one or more traffic laws. Similarly, a trucking company may have failed to properly load materials into the tanker truck or supervise their driver.
Additionally, the accident victim must demonstrate that as a direct and foreseeable result of the at-fault party’s negligence, the truck accident happened, and the victim suffered one or more physical injuries.
The accident victim’s lawyer can retain an accident reconstructionist to establish the causal relationship between a truck driver or trucking company’s negligence and the accident itself. These experts are helpful in cases where the insurance company has disputed fault for the accident.
A certified accident reconstructionist can speak with witnesses, talk to the accident victim, visit the accident scene, review camera footage, and draw their own conclusions about how the truck accident happened and who was responsible. The accident reconstructionist may draft a report and testify as a witness during a discovery deposition or civil jury trial.
In addition, a medical expert may be necessary to establish that the accident victim’s injury or injuries occurred due to the tanker truck accident. A medical expert can also establish that one or more of the accident victim’s injuries are permanent.
A skilled truck accident lawyer can retain the experts necessary to satisfy your legal burden of proof in the case and recover the monetary compensation you deserve.
Recovering Monetary Damages for Truck Accident Injuries
As part of a truck accident claim or lawsuit, the injured accident victim may be in a position to receive various types of monetary damages.
The monetary compensation that an accident victim recovers through settlement or litigation may depend upon the circumstances surrounding the accident, the specific injuries that they suffered, their potential lifelong complications, and whether they lost time from work after their accident.
First, an injured accident victim can claim lost income, compensating them for their missed work hours. Additionally, if the accident victim’s injuries necessitated that they switch jobs and accept a lower pay rate, they can bring a claim for loss of earning capacity.
In addition to receiving compensation for their economic losses, accident victims may bring a claim for their intangible losses. These damages compensate accident victims for loss of life enjoyment, loss of the ability to use a body part, loss of spousal companionship and consortium, mental anguish and distress, inconvenience, and physical pain and suffering.
A knowledgeable truck accident lawyer can explore all your legal rights and options and will do everything possible to maximize the total monetary award you receive — either through a favourable settlement offer or litigation result in the court system.
Contact an Experienced Truck Accident Lawyer in Your Area Today
Tanker truck accidents can lead to devastating medical complications and other serious consequences. Because of the statute of limitations, truck accident victims must file a personal injury lawsuit within two years of their accident date.
Otherwise, they will waive their right to recover the monetary compensation they deserve for their injuries.
An experienced truck accident lawyer in your area will be aware of the statute of limitations and can file a lawsuit in the court system on your behalf. Your lawyer can also handle every step of the settlement negotiation and litigation processes, from aggressively negotiating with insurance company representatives to filing a lawsuit and litigating your case to a resolution in court.
Your lawyer can also represent you at all legal proceedings, including a discovery deposition, settlement conference, jury trial, or alternative dispute resolution (ADR) proceeding. Your lawyer will work hard to maximize the total compensation you receive for your accident-related losses.
Seeking legal advice after a truck accident is critical, and consulting with a truck accident lawyer costs you nothing. These initial consultations are free of charge.
During this meeting, you can discuss the details of your case, understand your rights, and explore potential legal avenues. A free consultation with an Edmonton personal injury lawyer allows you to gain valuable insights into the merits of your case and make informed decisions about pursuing compensation for injuries and damages.
