Q: Can I file a truck accident claim if I was injured by hazardous materials that spilled from the truck’s cargo?
If you were injured by flammable, toxic or otherwise hazardous materials that spilled from a truck’s cargo during an accident, you may receive compensation for your injuries. Just as trucking companies and truck drivers are responsible for handling their larger vehicles diligently, they are responsible for taking all reasonable precautions when carrying hazardous materials. If failure to take those precautions resulted in a truck spill, and your resulting injuries, you have every right to seek compensation.
Identifying Defendants and Making Your Claim
The truck driver and the trucking company are the two obvious defendants in a truck accident claim. However, when a truck accident involves hazardous materials, there are some instances in which the company that was shipping the materials also may be liable. Speak with a personal injury attorney in Peachtree City to identify all potential defendants in your claim positively.
There are basically three parts of a personal injury claim: (1) the defendant owed you a duty to exercise reasonable care to prevent injury or harm, (2) the defendant failed to do so, and (3) that failure was the cause of your injuries. Whether your truck spill accident was caused by a truck driver’s error, a mechanical defect or improper securing of the hazardous materials, you should be able to show that your claim meets those three criteria.
The personal injury attorneys at the Law Office of Jason R. Schultz are ready to advise you about your claim and help you decide what steps to take from here. Call us today for a free consultation at: (404) 474-0804.