Truck Accidents Involving Hazardous Materials
Getting into a truck collision is bad enough, but if that truck is hauling hazardous materials then this can produce horrible consequences for the victim of the accident as well as everyone surrounding the crash site. Trucks haul hazardous materials throughout the State of Louisiana on a daily basis. According to United States Department of Transportation statistics, there are over 800,000 shipments of hazardous materials in trucks each day, including gasoline and flammable gas. Even more, of the 5,000 fatal truck collisions that occur each year more than 200 of them involve hazardous materials being transported. These statistics show that a collision with a truck hauling these materials affect many people.
Hazardous materials, as defined by La. Revised Statute §1502, means any gaseous, liquid, or solid material which because of its quantity, concentration, or physical, chemical, or biological composition poses a substantial present or potential hazard to human health, the environment, or property when transported in commerce, or which material is identified or designated as being hazardous by rules and regulations adopted and promulgated by the secretary of the Department of Public Safety and Corrections pursuant to the Louisiana Administrative Procedure Act. The secretary, in finding that a material is hazardous, shall consider the following factors with respect to each material:
(i) Actual or relative potential for harm to human health, the environment, or property when transported in commerce.Examples of hazardous materials include: flammable oils, petrol, and petroleum products, gasoline, compressed gases such as compressed hydrogen gas, compressed oxygen cylinders, radioactive materials such as spent nuclear fuel, chemical gases and liquids. Louisiana law mandates that anyone who loads, unloads, or transports hazardous materials are required to act in a safe and prudent manner. It is very important to have an experienced Louisiana personal injury attorney on your side to fight you through this complicated legal field. The Cardone Law Firm has the necessary resources and the experience to go through the thousands of federal and state regulations that apply to hazardous materials. We will be able to find specific statutes and regulations that apply to your case and can hire experts to expand the value of the case to get the highest results as possible.
(ii) Scientific evidence of its potential for harm based upon quantity, concentration, or chemical or biological composition.
(iii) State of current scientific knowledge regarding the material.
(iv) Its history and current pattern of harm.
(v) Actual or potential volatility when combined with other common substances likely to be encountered during transportation in commerce. (vi) Actual or relative potential for harm to human health if allowed to escape its containment.
Due to the enormous size of the trucks carrying these hazardous materials, an accident with them can cause catastrophic results. Injuries can range from minor cuts and bruises to neck and back injuries, spinal cord damage, brain damage, and even death. Big truck companies and their insurers will try to settle quickly and offer what seems to be a large amount of money at first. They are hoping that you will accept their money and will not have to deal with you anymore. However, as time goes by and the price of medical bills and needs run higher, then that quick settlement will not seem fair. This is why you need an experienced truck accident attorney that handles these complicated cases. Cliff Cardone has been practicing law for close to 40 years and has seen it all. Don’t Be Alone. Phone Cardone at 504-522-3333 for a free in person consultation. He is direct, insightful, proactive, and passionate about his client’s cases. He knows how to assess your case and has the resources necessary to combat the big insurance companies.
With an office located in New Orleans, the Cardone Law Firm can help any client throughout the State of Louisiana. This includes, but is not limited to: Ascension Parish, Donaldsonville, Assumption Parish, Napoleonville, Baton Rouge, Jefferson Parish, Estelle, Gretna, Harvey, Kenner, Marrero, Metairie, New Orleans, Terrytown, Westwego, Lafayette Parish, Lafourche Parish, Thibodaux, Livingston Parish, Orleans Parish, Plaquemines Parish, Belle Chasse, and St. Charles Parish.