Why Are Tanker Truck Accidents So Serious?
Tanker trucks frequently carry hazardous materials, including flammable or toxic substances, making accidents involving these vehicles highly dangerous. With West Virginia's winding roads and variable weather conditions, the stakes are even higher. Consequently, when accidents occur, injuries are common.
Common types of tanker truck accidents include:
- Collisions: These can occur head-on, rear-end, or as T-bone impacts, often with devastating effects.
- Roll-overs: Due to their high center of gravity and often liquid cargo, tanker trucks are susceptible to roll-overs, particularly around sharp curves or after abrupt stops.
- Jack-knifing: A tanker can jack-knife if it brakes suddenly, causing the trailer to swing out and potentially hit other vehicles or objects.
- Leaks and spills: Even without a collision, a tanker truck can cause significant hazards if it leaks hazardous material onto the roadway.
Injuries from tanker truck accidents are often severe due to the massive size and weight of these vehicles, coupled with the dangerous nature of the cargo they may be carrying. The force of impact in such accidents can result in significant, life-altering injuries, underscoring the seriousness of these incidents.
Determining Liability in Tanker Truck Accidents
In the aftermath of a tanker truck accident, determining liability is a complex process that typically involves examining the potential negligence of various parties. Investigating negligence and liability in accidents is crucial because it helps pinpoint who is responsible for the incident, enabling victims to seek justice and compensation.
Negligence in personal injury cases refers to the failure of an individual or entity to exercise the level of care and caution that a reasonable person would in similar circumstances, resulting in harm or injury to another. In the context of tanker truck accidents, negligence can be a failure to maintain the truck properly, driving recklessly, or violating safety regulations.
Potentially liable parties may include:
- The truck driver
- The trucking company
- The manufacturer of the truck or its parts
- Other negligent drivers
- Companies, governments, and municipalities responsible for road maintenance
Immediate Steps to Take After a Tanker Truck Accident in WV
Knowing what to do after a serious truck accident can be difficult. If you or a loved one has been injured in a tanker truck accident, you may be feeling overwhelmed. You are not alone in this and deserve experienced support during this difficult time.
You are strongly encouraged to seek legal counsel following a tanker truck accident.
An experienced attorney can help you understand your rights, negotiate with insurance companies, and help you determine if seeking compensation through an injury claim is a good idea.
Three additional steps to take post-accident:
- Seek medical attention: Health and safety should be your top priority. Even if injuries aren't immediately apparent, it's vital to get checked out by a medical professional.
- Report the accident: Contact the police so that an official report is filed. This can be an essential piece of documentation when filing a personal injury claim.
- Document the scene: If it's safe and you can, take photos of the accident scene, including vehicle positions, road conditions, and any relevant signage. Collect contact information from witnesses as well.
Statute of Limitations on Personal Injury Cases in WV
West Virginia law (§55-2-12) dictates the time frame to bring a personal injury claim. If damage to property or personal injuries is involved, you generally have two years from the accident date to file a lawsuit. Though this may feel like ample time, it's imperative not to delay seeking legal advice because once the statute of limitations expires, you may lose your right to file a claim.
The experienced attorneys at Katz, Kantor, Stonestreet & Buckner are dedicated to helping clients get the compensation they are entitled to. Our firm understands the nuances of liability in trucking accidents and is well-versed in all pertinent WV laws.
If you or a loved one has been affected by a tanker truck accident, don’t hesitate to reach out to us. The compassionate team at Katz, Kantor, Stonestreet & Buckner is ready to be your advocate.