Tanker Truck Accidents

Tanker truck accidents are an especially hazardous subset of truck collisions. Though truck drivers must earn a tanker endorsement to drive these vehicles, their added knowledge and skill do not always prevent accidents from happening. Such accidents are often the result of driver error, but there can be other reasons for tanker accidents.

Victims of tanker truck accidents should be concerned with one goal: Securing fair compensation. A fair settlement or verdict will enable you to pay for medical services, cover lost income, and account for other damages without suffering financial harm. Allow an experienced tanker truck accident attorney to fight for the compensation you are entitled to.

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Cargo Tank Trucks

Cargo tank trucks are also known as TC-406/DOT-406 trucks. A tanker carries dangerous (often liquid) cargo. These are some of the most common tankers on the road, as they carry essential goods, including but not limited to fuel.

Dry Bulk Pneumatic Hopper Trailers

These tankers carry dry goods, including but not limited to cement and grain. Though these materials themselves may not pose a risk during an accident, these trucks are heavy and pose the same dangers that other large trucks do, which are:

• A complex web of parts, components, and gears
• The added difficulty of pulling a trailer
• A longer time to stop
• A greater risk of rolling over
• A greater difficulty to maneuver due to their size and weight

Every type of tanker, including a dry bulk pneumatic hopper, poses a serious risk to those whose vehicles they strike.

High-Pressure Tube Tanks

As the name implies, high-pressure tube tanks carry gaseous materials that are under a high amount of pressure. These tankers are critical to the everyday function of daily life, but their high–pressure nature poses a heightened risk of explosion (and flammability) in the case of a collision.

Compressed Gas Tankers

These tankers transport compressed gasses like propane. Due to the flammable and combustible nature of gas, these tankers can also explode or catch on fire if involved in an accident.

Corrosive Cargo Tanker Trucks

Another type of heavy tanker is corrosive cargo tanker trucks, which carry corrosive materials. A corrosive material can eat away at other materials, meaning that accident-related spills pose an additional risk to victims and bystanders.

There are other types of tanker trucks, but these are among the types you’ll most commonly see.

Common Tanker-Specific Violations That May Cause (or Worsen) an Accident

Despite tanker drivers and trucking companies having to be trained and educated about how to properly handle and transport materials in tankers, violations happen. According to the Federal Motor Carrier Safety Administration (FMCSA), some of the most common tanker-related violations include:

• Failing to complete an accurate, detailed inspection report
• Failing to ensure the tanker is not leaking
• Failing to employ necessary hazardous materials employees
• Failing to perform pressure tests
• Failing to conduct all required inspections
• Failing to properly train employees
• Overfilling tankers

These and other tanker-related failures can increase the likelihood of accidents and worsen the severity of accidents. As your tanker truck accident lawyer investigates your collision, they will identify any such failures that played a role in your collision or resulted in damages.

Other Types of Negligence by Truckers and Trucking Companies That Can Cause Tanker Accidents

Truckers and trucking companies must abide by all industry regulations and exercise immense caution in every aspect of their operations. In addition to tanker-specific violations, an accident can result from:

Dangerous Driving by the Trucker

Despite their commercial driver’s license (CDL) and certifications, tanker truck drivers are not immune from making mistakes and poor decisions that cause accidents, which include:

• Speeding, which is a factor in many auto accidents
• Merging into an occupied lane
• Tailgating
• Failing to slow down in dangerous weather or road conditions
• Driving through a red light, yield sign, or stop light

As you likely know, there are countless ways for motorists to endanger others, and tanker truck drivers can commit these negligent acts.

Failure to Train, Monitor, and Discipline Employees

Trucking companies have several responsibilities, which include:

• Hiring only drivers and other employees who are qualified to do their jobs
• Monitoring drivers for alcohol use, drug use, physical disabilities, and safe driving practices
• Disciplining drivers and other employees who engage in dangerous behavior, including careless and reckless driving

Trucking companies must also utilize technology, including onboard cameras and speed limiters, to reduce the risk of accidents.

Using Defective Vehicles or Trailers

Both truck drivers and trucking companies have a duty to ensure that vehicles and cargo-transporting devices (including trailers) are safe. Responsibilities include:

• Inspecting the vehicle regularly
• Being aware when the vehicle is not operating normally
• Seeking service for the vehicle as necessary
• Replacing or repairing defective vehicles

Inspections are especially important for tankers hauling dangerous cargo. If any vehicle-related issue contributed to your accident, your lawyer will determine who is responsible for the defect.

Driving for Longer Periods Than Is Allowed by Law

Truck drivers must abide by federal regulations that limit the amount of time they can drive. Certain breaks are mandatory, and these limits are meant to ensure drivers do not become fatigued. If a fatigued driver caused your accident, your lawyer may find they violated drivetime limits or mandatory break requirements.

These are only a few of the many types of negligence that lead to tanker truck collisions. Your lawyer will document every instance of negligence that has caused you to suffer injuries or lose a loved one.

Allow a Truck Accident Lawyer to Prove Negligence Caused You Harm

An essential step in tanker truck accident cases is proving that someone’s negligence caused or contributed to the accident. Your attorney can prove negligence by:

• Showing that at-fault parties had a duty of care: Truck drivers, trucking companies, and many other parties have a duty of care. When someone has a duty of care, they have a responsibility to act reasonably and exercise due caution.
• Proving that at-fault parties violated their duty of care: Your tanker truck accident attorney will establish that a truck driver, trucking company, or other at-fault party breached their duty of care. Your lawyer will use all available evidence to make this case.
• Proving the breach of duty of care caused the accident: The evidence will help your attorney prove the connection between at-fault parties’ negligence and your tanker accident.
• Showing the damages you suffered because of the tanker truck accident: Finally, your lawyer will prove how the at-fault parties’ negligence has affected you for the worse. This will include showing documentation of both your economic and non-economic damages.

Attorneys understand the duty to prove negligence, and your lawyer will be ready.

Your Attorney Will Also Fight for the Compensation You Deserve

In addition to determining why your tanker truck accident happened and proving negligence, your tanker truck accident attorney will oversee a host of other critical duties that include:

Securing Evidence That Proves Liable Parties Endangered You

Evidence in truck accident cases can be difficult to gather. This is because the trucking company may have valuable evidence, so your tanker truck accident lawyer may need to file a legal letter of spoliation to secure that evidence.

Some types of evidence that may help your lawyer secure fair compensation for you include:

• Data from the truck’s black box
• Employment records that help prove negligence
• Service records for the tanker involved in your accident
• Eyewitness testimony about the accident
• An expert’s reconstruction of your accident
• Video of the collision

Lawyers know that evidence is not always accessible for long after the  truck collision. You must recognize this, too, and hire your tanker truck accident attorney as soon as possible.

Obtaining Proof of Each of Your Recoverable Damages

Your lawyer will make clear how the truck accident has negatively impacted your life and may make this case using the following:

• Mental health professionals’ testimony about any anxiety, depression, post-traumatic stress disorder (PTSD), and other hardships you’ve suffered
• Your doctors’ diagnoses, notes, and testimony about your injuries, symptoms, and medical expenses
• Experts’ testimony about the financial and professional impact of your accident
• Invoices for the repair of your vehicle and any temporary transportation you require
• Income statements and professional records showing your lost income and other professional damages

Allow an experienced lawyer to remove all doubt about the damages your accident has had on your quality of life and financial security.

Establishing an Exact Value for Your Case

Your attorney will calculate exactly how much compensation you are entitled to. They will reflect both current and future damages in their calculation.

Relentlessly Negotiating for a Fair Settlement

Lawyers are negotiators, and many of them are quite good at it. Your attorney will counter any attempts to underpay you, which may include:

• Blaming you for the tanker truck accident
• Claiming that certain injuries predated the accident
• Claiming that you are inflating the financial value of your damages
• Presenting expert testimony that refutes your lawyer’s settlement demands
• Delaying the negotiation process, which may be an attempt to have you accept a lowball settlement

Insurance companies and civil defense lawyers may think nothing of using these tactics, even if they know you are entitled to the compensation your lawyer is demanding. Allow an attorney to hold liable parties accountable and demand a fair settlement.

Helping You Decide Whether to Sue (and Filing Any Suit on Your Behalf)

While most civil cases end with settlements, you may be eligible to sue a trucking company or other liable parties. Your attorney will help you decide whether filing a lawsuit is the best course of action for you.

Taking Your Case to Trial, If You Decide To

If you choose to file a lawsuit, your lawyer will likely give liable parties another chance to offer a fair settlement. If liable parties turn down that chance, your case may go to trial.

While trial takes longer than settling, and there are added costs with going to court, this may be the right decision for you.

Damages That Can Occur Because of Tanker Truck Accidents

Your attorney’s attention will be keenly focused on your damages. The nature, severity, and financial value of your damages will determine how much money you deserve.

Some of the damages that victims of tanker truck collision often face are:

Healthcare Costs

Tanker truck accidents are often violent, high-impact collisions that cause severe injuries. Therefore, victims of such accidents often need:

• Emergency medical transport and care
• Surgery
• Hospitalization
• Several types of medical imaging
• Medications
• Rehabilitation

The details of your treatment and recovery process matter. Your attorney will work alongside your caregivers to document and value all accident-related medical items and services.

Mental Health Treatment Costs

If you decide to seek counseling, take medication, or receive any other treatment for the psychological and emotional effects of your accident, your lawyer will include treatment costs in their settlement demands.

Pain and Suffering

Accident victims can seek compensation for their pain and suffering, which may include:

• Physical pain
• Post-traumatic stress disorder
• Anxiety (including a fear of being in motor vehicles)
• Depression
• Inability to sleep normally
• Lost quality of life
• Scarring and other types of disfigurement

Lawyers use a couple of different methods to calculate the financial value of pain and suffering, and their knowledge of these methods is another good reason to hire an attorney.

Vehicle Repair Costs (and Other Property-Related Expenses)

Your attorney will calculate the cost of repairing or replacing your vehicle and any other property damaged during the tanker truck accident. If you need temporary transportation, your lawyer will include that cost in your case.

Professional Damages

Some of the common professional damages among truck accident victims include:

• Lost income
• Diminished earning capacity
• Lost bonuses
• Lost promotion opportunities
• Lost benefits

If you have lost a loved one, been disabled, or suffered any other damages because of your accident, your attorney will fight for full and fair compensation.

Don’t Wait to Hire Your Tanker Truck Accident Lawyer Today

Your personal injury lawyer is on the clock, as they need to gather evidence and file any claim or lawsuit for you. Don’t wait to hire them and allow them to get to work.

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