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Can You Sue If a Truck Carrying Hazardous Materials Caused Your Accident?

Truck Accidents

Yes, you are able to sue if you were injured or your property was damaged in an accident involving a truck carrying hazardous materials. These cases are not treated like typical truck accidents; they involve a separate and stricter set of federal and state safety regulations designed to protect the public from the unique dangers these substances pose.

The difficulty comes from identifying all responsible parties, which might include the truck driver, the trucking company, the manufacturer of the hazardous substance, and even the company that loaded the cargo. Each of these entities has a specific legal duty, and a failure at any point in the chain is grounds for a lawsuit.

Because of the nature of hazardous materials, the potential for severe, long-term harm is much greater. A lawsuit must account not only for immediate injuries from the collision but also for future medical needs, loss of property value due to contamination, and the lasting effects of toxic exposure.

If you have questions about an accident involving a hazardous materials truck in Pennsylvania, call us at (215) 567-7600 for a straightforward conversation about your rights.

Key Takeaways for Hazardous Material Truck Accident Claims

Multiple parties may be liable for your injuries. A lawsuit could involve the trucking company, driver, cargo shipper, and manufacturer, as each has a legal duty to ensure public safety.
These cases fall under stricter liability rules. Transporting hazardous materials is an “abnormally dangerous activity,” meaning you may not have to prove carelessness to hold the responsible parties accountable for damages.
Compensation covers more than just crash injuries. You are entitled to pursue damages for toxic exposure, long-term health monitoring, and property contamination in addition to typical accident-related costs.

Who Is Actually Responsible When a Hazmat Truck Crashes?

After a hazmat truck accident, it’s not always clear who is at fault. The responsible party often extends beyond the driver who hit you. Federal and state laws place a high burden of responsibility on every company involved in getting these dangerous goods from point A to point B.

The trucking company might blame the driver, the driver might blame the company that loaded the truck, and that company might point to the manufacturer of the substance. This finger-pointing leaves you unsure of who to hold accountable while your medical bills and other costs rise. An experienced legal team knows how to cut through this confusion and demand answers.

We investigate the entire supply chain to identify every party whose negligence contributed to your injuries. Here are the most common parties we hold accountable in these cases:

The Trucking Company (Motor Carrier)

The company that owns the truck and employs the driver has extensive responsibilities. They must hire qualified drivers and provide specialized training on handling hazardous materials. They are also required to ensure their vehicles are correctly placarded to warn first responders and the public of the dangerous cargo.

Finally, motor carriers must follow specific routing requirements to avoid densely populated areas and other sensitive locations whenever possible, as outlined in the Federal Motor Carrier Safety Regulations (FMCSR).

The Truck Driver

Transporting these materials requires more than a standard commercial driver’s license (CDL); drivers must obtain a special hazmat endorsement. This involves a background check and specialized testing. We investigate whether the driver was properly certified, followed hours-of-service rules to prevent fatigue, and operated the vehicle in a safe and lawful manner.

The Shipper or Manufacturer of the Materials

The company that created the hazardous substance is responsible for classifying it correctly, packaging it in approved containers, and providing accurate shipping papers, known as manifests. Emergency crews rely on these documents.

Recently, the EPA and Department of Justice announced a settlement with Stericycle, Inc., a hazardous waste company, for failures that included not accurately maintaining required manifest records.

The Company That Loaded the Cargo

If the cargo was improperly loaded, braced, or secured, it could shift during transport, causing the driver to lose control of the vehicle. A load that is unbalanced or not properly tied down leads to a jackknife or rollover accident. In these situations, the company that loaded the cargo may be held liable for its negligence.

How Is a Hazmat Truck Accident Different from a Standard Truck Accident?

An accident with a hazmat truck introduces risks that simply don’t exist in other types of collisions. The risks extend beyond the physical impact of a large truck to the invisible dangers of the cargo itself—flammable liquids, corrosive chemicals, or toxic gases that cause harm long after the crash scene is cleared.

The key legal difference is the principle of strict liability. In many personal injury cases, you must prove the other party was negligent—that they failed to act with reasonable care. However, transporting hazardous materials is considered an “abnormally dangerous activity.”

This means that if a spill or release of materials causes you harm, the parties involved are liable even if they were not necessarily careless. Simply put, because they chose to engage in a high-risk activity that injured someone, they are responsible for the damages.

Your case may involve unique types of claims that go beyond a typical accident lawsuit:

Toxic Tort Claims: This is a specific type of personal injury lawsuit that arises from exposure to a dangerous substance. If you were exposed to chemicals from a spill, you may have a claim for long-term health monitoring, medical treatment for exposure-related illnesses (like respiratory conditions or cancer), and the fear of developing future health problems.
Environmental Damage and Cleanup Costs: If a spill contaminates your home, land, or water source, the responsible parties must pay for the remediation and any diminished value of your property. The EPA recently strengthened these protections by designating certain “forever chemicals” like PFOA and PFOS as hazardous substances under federal law, broadening the scope of liability for cleanup and ensuring polluters pay for the damage they cause.
Higher Stakes and More Aggressive Investigations: Because hazmat accidents result in catastrophic damages, the financial stakes are much higher. This also means the defendants’ insurance companies will conduct an intense investigation to limit their payout. They may argue that your health issues are unrelated to the exposure or that your property was not affected. Our role is to build a case with scientific and medical evidence to ensure they are held fully accountable for every dollar you are owed.

Because of these difficulties, it is beneficial to have a legal team that understands the specific regulations and legal arguments that apply to these unique cases.

What Laws Regulate Trucks Carrying Hazardous Materials?

A patchwork of federal and state laws governs every step of the hazardous materials transportation process, from how a chemical is packaged to the specific routes a truck is allowed to take. When trucking companies or their partners violate these rules, it serves as strong evidence of their liability in a civil lawsuit. Our team focuses on identifying these violations to build a powerful case for you.

Federal Regulations Are the Foundation

The Hazardous Materials Transportation Act (HMTA): This is the primary federal law governing the transport of hazardous materials in the U.S. It gives the Department of Transportation (DOT) the authority to set the rules for safe transport and to designate which materials are considered hazardous.
Federal Motor Carrier Safety Regulations (FMCSR): These are the specific, day-to-day rules for hazmat trucking. For example, 49 CFR Part 397 dictates everything from driver training requirements and parking rules to how motor carriers must plan routes to avoid heavily populated areas. A violation of these rules is a direct breach of their duty to keep the public safe.
Resource Conservation and Recovery Act (RCRA): This law governs the transportation of materials classified as hazardous waste. It requires a “cradle-to-grave” manifest system to track the waste from its creation to its final disposal. A failure in this tracking system is a key piece of evidence showing a company’s lack of care.

Pennsylvania’s State-Level Rules

In addition to federal laws, Pennsylvania has its own regulations governing the transport of hazardous materials. These laws usually mirror federal regulations but may include specific state-level registration and enforcement provisions. A violation of a federal standard, for instance, is used as evidence of negligence in a personal injury claim filed in a Pennsylvania court.

What Kind of Compensation Can You Pursue After a Hazmat Accident?

The goal of a lawsuit is to secure financial compensation that covers all of your losses—past, present, and future. In a case involving hazardous materials, the range of compensable damages is typically broader than in other accident claims because the harm is more extensive and lasts a lifetime. When Can Multiple Parties Be Held Liable in a Truck Accident

We pursue the maximum compensation available under the law for damages including:

Economic Damages (Tangible Financial Losses):

Current and Future Medical Bills: This includes emergency room visits, hospital stays, surgeries, and costs for ongoing care related to both physical injuries and chemical exposure.
Long-Term Medical Monitoring: If you were exposed to a toxic substance, we pursue compensation for the cost of regular medical testing to screen for related future illnesses, such as cancer or lung disease.
Lost Wages and Diminished Earning Capacity: Compensation for the income you’ve lost and will lose if your injuries prevent you from returning to your previous work.
Property Damage and Remediation: This covers repairs to your vehicle and includes the cost of professionally cleaning up any contamination on your property to make it safe again.

Non-Economic Damages (Intangible Losses):

Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and your injuries.
Emotional Anguish: This includes compensation for anxiety, depression, or PTSD resulting from the traumatic event and the fear of future health complications, sometimes referred to as “cancerphobia.”

Punitive Damages:
In some cases where a defendant’s conduct was particularly reckless (for example, knowingly using a defective tanker or hiring a driver with a history of safety violations) Pennsylvania law allows for punitive damages. These are not meant to compensate you for a loss but to punish the defendant for outrageous conduct and deter similar behavior in the future.

How Our Firm Handles Your Hazmat Truck Accident Claim

When you work with us, our practice focuses on managing every aspect of your case so you can focus on your recovery.

Immediate Investigation: We act quickly to preserve evidence, such as the truck’s “black box” data, the driver’s logbooks, and the hazardous materials manifest, before it is lost or altered.
Working with Professionals: We consult with medical professionals, toxicologists, and environmental cleanup crews to fully understand and document the extent of your injuries and property damage. Their reports provide the scientific foundation for your claim.
Building Your Case: We meticulously document every regulatory violation to build a strong case showing how the defendants’ failures led directly to your harm.
Accountability: We handle all communications with the multiple insurance companies involved, shielding you from their attempts to shift blame or minimize the severity of your claim.

Frequently Asked Questions About Hazmat Truck Accidents

How long do I have to file a lawsuit in Pennsylvania?

In Pennsylvania, the statute of limitations for most personal injury claims is two years from the date of the injury. However, the clock sometimes starts later under the “discovery rule” if an illness from toxic exposure doesn’t appear right away. Speak with an attorney quickly to ensure you don’t miss any deadlines.

What if I don’t feel sick right away after being exposed to a chemical?

Many health effects from chemical exposure take time to develop. That’s why you should always seek a medical evaluation immediately after the accident, even if you feel fine. A doctor screens for initial signs of exposure and creates a medical record that will be important if health problems arise later. Documenting potential exposure is a key step in preserving your right to claim future medical costs.

Will my insurance cover damage from a chemical spill on my property?

Most standard homeowner’s insurance policies contain a “pollution exclusion” clause that may deny coverage for damage caused by hazardous materials. This makes holding the at-fault parties’ insurance companies accountable for cleanup and remediation costs even more important for your financial recovery.

Can I still have a case if the truck didn’t actually hit my car?

Yes. If the truck crashed nearby and released hazardous materials that caused you harm—either through inhalation, skin contact, or contamination of your property—you still may have a valid claim against the responsible parties. Your injury doesn’t have to come from a direct physical impact.

Do these cases usually go to trial?

While many cases are settled out of court, we prepare every case as if it will go to trial. Trucking and insurance companies are far more likely to offer a fair settlement when they see we are fully prepared to present a compelling case to a jury. Their goal is to manage their financial risk, and a well-prepared lawsuit represents a significant risk to them.

You Don’t Have to Face This Alone

Do not let the difficulty of the situation prevent you from seeking the compensation you need to protect your health and your family’s future. The regulations are in place for a reason: to hold companies that transport dangerous goods to the highest standard of care. When they fail, we are here to hold them accountable.

If you have a question about your accident, call Leonard Hill – Personal Injury Lawyers And Car Accident Lawyers today for a straightforward conversation about your legal options. Call us at (215) 567-7600.