The Federal Motor Carrier Safety Administration (FMCSA) enforces Hazardous Materials Regulations (HMR) as part of its truck license requirements. The three main categories in which these materials generally fall are explosives, non-flammable gas and organic peroxide.
It is up to the driver and the motor carrier company to determine if cargo being carried is hazardous. If not, it could result in a fine of up to $27,000, with the possibility of jail time. Of course, if someone is injured in a crash and hazardous materials are involved, this could increase liability. Whether or not the truck license requirements were followed may factor significantly into a claim.
A Hazardous Material Safety Permit is required for certain types of cargo, based on amounts. This includes toxic by inhalation materials, methane, radioactive materials and explosives.
There are numerous requirements for carrying hazardous cargo, including training, registration, placards and labels. There may be other rules that apply as well, but it is up to the driver and motor carrier company to ensure these prerequisites are met.
Seeking Legal Help after an Accident with a Commercial Truck
Although any type of accident with a truck can be catastrophic, this is especially true when hazardous material is involved. Such an accident could result in severe injuries caused by a fire or inhaling toxic fumes.
Talking with an attorney can help determine if the truck driver or company is liable. The Law Office of Jason R. Schultz may be able to help with a claim. An Atlanta truck accident attorney may be able to investigate the cause of the crash and determine if the truck license requirements were met for carrying hazardous cargo. Accidents can be prevented.
