Because of their size and the cargo they transport, commercial fuel tanker trucks can cause devastating traffic accidents. A cargo tanker truck that rolls over can cause a hazardous material spill, causing environmental damage and injuries. Sometimes, the impact of a collision with a fuel tanker can lead to a fire.
If you or a loved one has suffered serious injuries in a fuel tanker truck accident, you may be eligible to seek compensation. However, the multiple parties involved in a fuel tanker truck accident, including a large corporation that operates the truck, and the seriousness of injuries make tanker truck accident claims complex. David Blackwell Law will investigate the truck accident, identify the responsible party, and calculate the extent of your losses, such as your medical expenses and lost income from missed work.
Personal injury attorney David Blackwell will guide you through important decisions in your case with compassion and respect and work to obtain maximum financial compensation for you. He will speak with you regularly to ensure that you stay up to date with the progress of your claim.
Learn more about what a fuel tanker truck accident lawyer in Lancaster, S.C., can do about your personal injury claim. Contact David Blackwell Law for a free consultation about how a personal injury lawyer can help you.
We serve clients across South Carolina, including Indian Land, Fort Mill, and Rock Hill.
Why Do You Need an Attorney After a Fuel Tanker Accident?
There are several reasons a fuel tanker truck accident claim can be more complicated than other motor vehicle claims. For the best results, parties injured in an accident involving a fuel tanker truck should work with a personal injury attorney who has experience handling commercial truck accidents. Not all personal injury lawyers have experience with truck accidents, so choose carefully
A knowledgeable fuel truck accident lawyer can investigate your truck accident and prepare a compelling personal injury case demanding the compensation you need to move forward. David Blackwell Law works with medical experts to document serious injuries and the ongoing medical care needs of injury victims. David Blackwell can help you obtain the medical treatment you need for your injuries. The law firm can communicate the status of your truck accident claim and expected monetary recovery to your creditors and ask them to pause any bill collection efforts.
Evidence in a truck accident often revolves around federal regulations for the trucking industry and the records the industry requires, like driver hours-of-service logs, cargo manifests, dispatch logs, and repair/maintenance records. A personal injury attorney can obtain court orders to require truck owners to preserve records and make them available to us. The law firm may hire accident reconstruction experts who can download data from a truck’s Event Data Recorder or “black box” recorder and re-create complicated truck accidents.
Large truck companies sometimes have complex corporate structures that make it challenging to identify the correct party to file an accident claim against. They may also have layered liability insurance policies, which are triggered only after prior layers of coverage are exhausted, complicating payouts.
Some trucking companies will stonewall a claim by maintaining that their drivers are independent contractors and the company has no liability for an accident the driver has caused. Because multiple individuals and companies may share liability for vehicle accidents, the parties involved often attempt to shift liability away from themselves. This can make a personal injury case involving multiple parties harder to settle.
Who Can Be Held Liable in a Tanker Truck Accident?
Multiple parties may share responsibility for a fuel tanker truck accident, such as the:
- Truck Driver. Driver negligence may involve breaking a traffic law or a trucking regulation or failing to inspect the truck and resolve safety issues before a day’s run.
- Trucking Company. A trucking firm may have liability for a truck accident caused by one or more of its employees. Negligence when hiring, training, or supervising a truck driver or pressuring drivers to engage in unsafe driving behaviors to meet tight deadlines can be held against the company.
- Third-Party Truck Owner. If someone other than the truck driver or trucking company owns the truck or trailer involved in a crash, that party may bear responsibility for an accident caused by inadequate maintenance.
- Cargo Owner. The company responsible for loading cargo onto a truck or trailer may bear liability if a truck accident was caused by a safety issue associated with how the cargo was loaded or overloaded.
- Mechanics. A third-party mechanic or garage that serviced the truck, cargo tanker, or trailer may be liable for a crash caused by mechanical failures.
- Manufacturers. A truck, tanker, or trailer manufacturer or the manufacturer of vehicle parts may bear liability for a truck accident caused by a design or manufacturing defect in the vehicle.
Multiple parties with potential liability for a truck accident can make it tougher to assign blame, but this also creates multiple potential sources of compensation for the accident victim(s).
Recoverable Compensation After an Accident with a Tanker Truck
In personal injury cases involving a fuel truck accident, injury victims may seek compensation for economic damages and non-economic damages such as the following:
- Medical costs, including medical bills, physical therapy and rehabilitation.
- Costs of long-term medical care and/or assistance required by disabilities from catastrophic injuries such as spinal cord injuries and traumatic brain injuries
- Lost wages and employment benefits since the accident if you are unable to work
- Property damage costs, including vehicle repairs or vehicle replacement and for cleanup and/or mitigation of damage to real property due to fire and/or a hazmat spill
- Physical pain caused by injuries or medical treatment (such as post-surgical pain)
- Emotional pain (trauma, emotional distress) caused by the accident or injuries
- Loss of quality of life due to long-term harm, disability, disfigurement, or scarring
In the event of a fatality in a fuel truck accident, surviving family members may be able to pursue compensation for the loss of their loved one through a wrongful death claim.
Types of Negligence That Can Cause a Fuel Truck Crash
Fuel tanker trucks are typically commercial tractor-trailers that transport liquid or gaseous materials in tanks that have an aggregate rated capacity of more than 119 gallons to 1,000 gallons or more. Tanker trucks are often used to transport hazardous materials because of their toxicity and/or flammability.
Tanker trucks have a higher center of gravity and are more prone to rollover accidents. Truck drivers who drive tanker trucks that haul hazardous materials, like gasoline, propane, or chlorine, may need additional driver training to obtain a HazMat endorsement on their driver’s license. Drivers can also get a combination endorsement for tanker and HazMat.
Tanker truck accidents often involve:
- Rollover accidents which are caused by shifting cargo within the vehicles’ tankers, or dropping wheels off the pavement or striking a fixed object or uneven ground (being “tripped”).
- Rear-end collisions, due to following other vehicles too closely.
- Speeding or driving too fast for conditions.
- Backover accidents involving pedestrians and bicyclists.
- Turning accidents, in which the tanker truck driver fails to see other vehicles.
- Sideswipes when changing lanes without surveying blind spots adequately.
- Mechanical failure, such as loss of brakes, steering, or a blown tire.
- Inclement weather, such as rain, snow or ice.
- Fatigued or “drowsy” driving.
- Distracted driving.
Get Legal Help from Our Experienced Lancaster Truck Accident Lawyers
If you have been seriously injured in a tanker truck accident that was not your fault, you may be eligible to take legal action and seek compensation for your losses. However, trucking companies, insurance companies, and other parties to an accident are unlikely to step forward and pay fair compensation on their own. You’ll need a skilled personal injury attorney to provide experienced legal representation and pursue maximum compensation from an insurance company to rebuild your life.
The first important step on the road to recovery is to contact David Blackwell Law in Lancaster, SC, today to speak with a truck accident lawyer. David Blackwell has helped many clients in recover from personal injuries and move forward. David Blackwell can meet with you for a free consultation and discuss how attorney David Blackwell can help you seek the compensation you deserve.