One Of The Concealed Hazards in Truck Wrecks: Dangerous Cargo

When one thinks of large truck accidents the most obvious danger is the size and speed of the truck, which has a devastating affect when the truck slams into other smaller vehicles. This can cause a chain reaction on the highway as multiple vehicles can be involved, none of which were expecting to be a victim of a pile-up. As bad as this is for motorists, one of the greatest hazards with large 18-wheelers is the cargo that they may be carrying, which may include:

Oil and gas products
Flammable materials
Autos that can break free in an accident
Radioactive materials
Other cargo ‘haz-mat’ that can create dangerous debris

There are numerous incidents where the cargo released creates an ongoing environmental hazard or danger to motorists as well as residents in the immediate area. In some cases the truck does not even have to be in an accident for the danger to manifest.

Examples of Truck Cargo Causing Injuries or Danger to Others

A few examples of dangerous truck cargo injuring others are:

• In Mexico City a gas tanker truck making a delivery to a hospital begins to leak. The workers could not stop the leak and a huge explosion occurred which led to the collapse of 75% of the hospital. Two people were killed and many were injured.
• In Florida three trucks collided on an interstate, and one of the trucks released a load of potting soil onto the roadway. This quickly mixed with motor oil and gasoline creating a clean up nightmare of the flammable materials. The highway department was forced to actually strip the pavement from the highway and then replace it with new pavement, stopping all traffic for hours until the process was completed.
• In Tennessee a truck carrying hazardous cargo overturned and crashed into a nearby riverbed, releasing the cargo into the water and surrounding area. The clean-up process closed highway lanes for several days.

There is an unforeseen danger in incidents involving ‘haz-mat’ or hazardous materials as cargo. Residents will often go and inspect an accident scene out of curiosity and could easily expose themselves to chemicals or radioactive materials that are frequently carried as truck cargo. Given the amount of trucking that transports ‘haz-mat’ cargo, it seems that public warnings and containment of the material should be a priority.

What Are The Standards for Liability?

Liability for public safety hazards from spilled cargo is an open question, since causation could be difficult to establish in some cases. However, there is no question that the trucking companies that transport this type of cargo have a duty to provide adequate protection for motorists or others in the area whenever there is an accident. Failure to clearly place warning signs on the truck, or refusing to accept responsibility for clean-up costs fall short of this duty of care. In future blog posts, we will explore several cases where liability suits have been filed for injuries resulting from hazardous truck cargo.