One major difference between car accidents and truck accidents is the possibility of coming into contact with hazardous materials. There are a tremendous amount of rules and regulations concerning the transport of hazardous materials. Unfortunately, hazardous material spills still occur with some frequency across New Jersey and New York.
Possible injuries from exposure can include chemical burns, organ failure and death.
While negligent drivers are often the cause of truck accidents, it is sometimes possible to sue the company that manufactured or shipped the hazardous materials. This could happen when the company that shipped the goods fails to warn the trucking company about certain dangers.
For example, if a substance is flammable or explosive, the company shipping it will need to inform the company that is transporting it. This is done to make sure hazardous materials are transported in a safe, legal, and appropriate way.
Failure to warn can lead to burns, poisoning or other exposure.
In these hazardous materials cases, Davis, Saperstein & Salomon, P.C., will seek to hold every negligent party responsible. We are dedicated to protecting the rights of injured motorists throughout New Jersey and New York. Call us today at 1-800-LAW-2000 or submit our online form to learn more about your rights and options.
Establishing Liability in Hazardous Materials Truck Accident Cases
Any case involving hazardous materials will require legal, scientific and medical experts. These experts can be used to testify about the dangers of exposure to a specific substance and the proper way to store and transport it.
Medical expert witnesses can show how a specific substance impacted your life, and economic experts can show the various costs that will be associated with exposure, such as lost wages and future medical expenses.
To drive on New Jersey roads, 18-wheelers must carry a minimum of $750,000 in liability coverage. Tractor trailers transporting hazardous materials need to have $5 million in insurance coverage. These requirements are in place to make sure that funds are available to pay for any damages caused by dangerous vehicles and materials. These numbers are not a limit to the damages available.
New York and New Jersey truck insurance policies are also required to cover anyone who is hurt loading or unloading a truck. Specifically, the policies must protect anyone who uses the truck, including any company that loads or unloads it. If you sue a company who was actually negligent, the insurance company may have to indemnify them (pay them back). This means that warehouse workers and truck drivers who are hurt loading or unloading hazardous materials may be able to recover from multiple sources. This topic is extremely complicated because it is intertwined with workers’ compensation issues.
Get Legal Help If Injured in a Hazardous Materials Truck Accident in New Jersey or New York
If you have been hurt by hazardous materials that were being loaded or unloaded from a truck, the trucking accident lawyers and workers’ compensation attorneys of Davis, Saperstein & Salomon, P.C., will work to get you justice. Call us now at 1-800-LAW-2000 or send in our online form for a free initial consultation.