Truck accidents happen every day—but accidents requiring a hazardous materials (hazmat) cleanup crew are more unusual. On September 16, a semi truck overturned in Wayne County, near Wooster. The truck drifted into the grass median and overturned. The trailer, which contained “a highly combustible petroleum product,” started leaking. Law enforcement and hazmat response teams were called from three different counties, and the driver was airlifted to a hospital in Akron.
Fortunately, no other vehicles were involved in the crash. If you’re injured in a truck accident involving hazardous materials, the Law Offices of Tim Misny can help you recover damages for your injuries and associated expenses.
Filing a hazmat truck accident lawsuit
Who bears responsibility for a hazmat truck accident depends on the individual circumstances of the case. Typically, these are negligence cases. Negligence occurs when the defendant had a duty of care to others, they failed to meet that duty and as a result, the plaintiff suffered actual harm.
In truck accident cases, liability could be attributed to:
- Drivers and/or employers: While the truck driver’s negligent driving can cause accidents, plaintiffs typically file suit against their employer. This is called vicarious liability. The employer is responsible for accidents that happened while the employee is on the clock, and is often better equipped to pay damages.
- Vehicle or component manufacturers: When faulty vehicles or components cause an accident, the manufacturer can be held responsible for the defective product.
- Mechanics: Mechanics have a duty to accurately diagnose and repair mechanical problems. If they failed to do so, they may bear partial or full liability for ensuing accidents.
- Other drivers: Truck drivers aren’t always at fault for semi truck accidents. Often, other drivers will take unnecessary risks, such as passing on the right, following trucks too closely or stopping abruptly in front of a tractor and trailer. Because semi trucks have large blind spots and take longer to come to a stop, other drivers must take extra caution when maneuvering around them.
When hazardous materials are involved, injuries may be even more severe. It’s crucial that accident victims work with a skilled hazmat truck accident attorney, like the Law Offices of Tim Misny. If successful, you may recover damages for medical expenses, lost wages, pain and suffering, rehabilitation, mental health assistance and more.
Discuss your case with a Cleveland truck accident lawyer
The Law Offices of Tim Misny can help you with your truck accident case. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.