Cargo spill trucking accidents are a significant concern on Southeast Texas roads. These incidents pose serious risks to drivers and communities in the region and have led to stricter enforcement of cargo securement rules. If you’re driving in this area, it’s vital to understand the risks and know what to do if you’re involved in such an accident.
Cargo spills create immediate dangers on the road:
- Slippery surfaces from spilled liquids or small objects
- Large obstacles that can damage vehicles or cause accidents
- Hazardous materials that threaten health
The type of spill can vary widely due to Southeast Texas’ diverse industries. A chemical spill from a truck serving Houston’s petrochemical sector poses different risks compared to a produce spill from a truck out of the Rio Grande Valley’s agricultural areas.
Legal considerations
After a cargo spill accident, several parties might be liable:
- The truck driver
- The trucking company
- The cargo owner
- The company that loaded the cargo
- Manufacturers of defective truck parts or cargo containers
There are federal safety rules about how to secure cargo safely, with extra regulations for hazardous materials. Violations of these rules can show negligence in accident cases and may lead to stricter penalties and higher damage awards.
Texas uses a modified comparative fault rule. If you’re found to be 51% or more at fault, you can’t receive compensation. This makes a thorough investigation crucial for any case, as it can determine liability and affect potential compensation.
Steps to take after an accident
If you’re involved in a cargo spill trucking accident:
- Stay safe and get checked by a doctor, even if your injuries aren’t immediately apparent.
- Take photos, collect witness statements and obtain the police report.
- Be cautious about what you say at the scene, as it could be used in legal proceedings later.
- Consider consulting an experienced trucking accident attorney who can guide you on Texas trucking laws.
- Act promptly. In Texas, you usually have two years from the date of the accident to file a lawsuit for personal injury, but this time limit can be different in some cases.
The aftermath of a cargo spill trucking accident can be catastrophic. Knowing what can influence your case can help you protect your rights and potentially increase compensation if you’re affected. Knowledge is your best defense when driving on Southeast Texas roads.