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Tanker trucks are considered the safest and most convenient way to transport hazardous goods and materials such as gasoline, Liquified Petroleum Gas (LPG), and chemicals. These vehicles are designed to protect the general public from hazards involving explosions and spills. Some tankers also ferry non-hazardous goods such as milk and water.
Unfortunately, traffic accidents involving tanker trucks often cause catastrophic injuries, loss of life, and massive destruction of property. In the event of a crash, immediate action is necessary to protect the general public and the environment. For victims, filing a claim is usually the only avenue for monetary restitution. You may be eligible for compensation if you were injured or lost a loved one in a similar crash. The only way to be sure is to consult a La Porte tanker truck accident lawyer.
Sustaining injuries following a truck accident does not automatically make you eligible for compensation. Instead, you must demonstrate the following elements of negligence:
Duty of care is the legal expectation someone has over the safety and well-being of others. They are required to take reasonable measures to prevent foreseeable harm. As the plaintiff, you must demonstrate that the party you wish to sue owed you this obligation.
Next, you must provide evidence showing how the duty of care was breached. In tanker truck accidents, breaches may occur differently and involve multiple parties. For example, drunk driving violates the duty of care. It could also involve vehicle design flaws or lack of proper maintenance.
Another critical element that a La Porte tanker truck accident must prove is causation. Defense attorneys may argue that while the other party breached the duty of care, your injuries and losses did not stem from the crash. Therefore, a link between your injuries and the accident must be established.
Damages refer to the specific losses a personal injury victim suffers. They encompass tangible and intangible losses. The most common damages in an injury case are lost wages, rehabilitation expenses, vehicle repair estimates, loss of future income, past and future treatment expenses, loss of consortium, reduced quality of life, permanent disability, and out-of-pocket costs. A La Porte tanker truck accident attorney can help an injured motorist accurately place a value on their claim.
One of the first things you must determine when bringing a personal injury claim or wrongful death case following a tanker truck accident is liability. Showing another party’s negligence caused your losses is the only way to recover compensation. Having applied the four elements of negligence as discussed earlier, you could sue any of the following parties depending on the circumstances of the crash:
The trucking industry is mainly regulated by the Federal Motor Carrier Safety Administration (FMSCSA). It prescribes a code that all players in the sector, especially trucking companies, must adhere to for public safety. Hours of service is one of the terms that must be met. This refers to the specific hours a truck driver should operate a truck and the intervals at which they must rest. The aim is to promote safe driving. Trucking companies can be sued for violating these and other rules that directly contribute to a crash.
Like trucking companies, truck owners also have a duty to maintain their fleet as per FMCSA guidelines. This ensures that their vehicles are roadworthy. Additionally, truck owners must hire competent drivers. When improper vehicle maintenance or negligent driver hiring causes an accident, the owner may be sued for damages with the help of a skilled La Porte tanker truck accident attorney.
Truck drivers are directly responsible for their behaviors while behind the wheel. Any negligent actions such as speeding, failure to yield, road rage, drunk driving, and distracted driving can be grounds for liability. Victims may file a claim with the driver’s insurer for compensation. In scenarios involving vicarious liability, such as when the driver’s incompetence results in an accident, their employer may also be used.
Lastly, truck manufacturers can be liable for structural or mechanical defects in a tanker truck accident. For example, a leaking tanker that causes chemical burns or explosions could be attributed to unsafe design. In this scenario, a product liability claim can be initiated with the assistance of a qualified La Porte tanker truck attorney.
Call our firm now to arrange a no-risk case evaluation with a La Porte tanker truck accident lawyer. Our dedicated team will discuss your rights and explore all options for maximum compensation. We don’t get paid unless you are compensated.
Lone Star Injury Attorneys, PLLC
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