The National Transportation Safety Board (NTSB) issues accident reports on a variety of truck accidents, including ones that involve cargo trucks carrying hazardous materials. Fortunately, the NTSB doesn't indicate any recent occurrence of hazardous truck accidents in Illinois.
But if you get into a truck accident involving hazardous cargo, what kind of liability comes into play?
Here are three areas of liability a hazardous cargo truck accident may involve:
- Negligence per se. Truck drivers and their trucking carriers must follow the regulations set forth by the federal Pipeline and Hazardous Materials Safety Administration. In Illinois, truck drivers and their trucking carriers are also required by law to adhere to the Hazardous Material Transportation Act (HTMA), which provides requirements for the safe transportation of hazardous materials. You may be able to recover damages under the legal theory of negligence per se if you suffered harm:
- From a violation the HMTA was designed to prevent,
- You're a member of the class of people meant to be protected by the statute (typically, the public), and
- The violation of HMTA was the proximate cause of your injury.
If you've been involved in a truck accident involving hazardous cargo, you may want to consult a truck accident attorney to explore your legal options.
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