Cargo Spills and Hazardous Materials:
A Comprehensive Guide

Understanding Cargo and Hazardous Materials Spills

Trucking Accidents and Hazardous Materials Spills

Truck accidents can result in cargo and hazardous substance spills due to the significant impact and force involved in these accidents. When a truck collides with another vehicle or object, the cargo can shift or become dislodged.

Improperly secured cargo is especially vulnerable, and even routine maneuvers can lead to cargo and chemical spill. In cases where trucks transport hazardous materials, accidents can result in the release of toxic, flammable, or dangerous substances, posing severe risks.

These spills have profound effects on other road users. They create immediate safety hazards, as spilled cargo can cause additional accidents and physical harm. Accidents involving hazardous materials can lead to chemical exposure, fires, or explosions, endangering the health and lives of those nearby.

Hazardous waste in sufficient quantities can have dire environmental consequences, as it can contaminate soil and waterways, impacting ecosystems and communities for an extended period.

What are Hazardous Materials?

Legal Aspects of Cargo Spills

Hazardous materials are defined and regulated by multiple agencies in the United States:

• The U.S. Environmental Protection Agency (EPA)

• The U.S. Occupational Safety and Health Administration (OSHA)

• The U.S. Department of Transportation (DOT)

• The U.S. Nuclear Regulatory Commission (NRC)

• The Pipeline and Hazardous Materials Safety Administration (PHMSA)

These agencies work together to regulate hazardous materials transportation in the United States. HAZMAT drivers and companies must pass the regulations and requirements written test and the Federal Security Threat Assessment training. This test covers hazardous material management and accident response, including mandatory and timely incident reporting.

The Federal Motor Carrier Safety Administration implemented stringent cargo securing rules and regulations to prevent hazmat shipping spills. Some jurisdictions may have additional regulations, but most states refer to the FMCSA Driver’s Handbook on Cargo Securing.

Determining Liability

Determining liability in hazmat carrier crashes can be complicated because multiple parties may be accountable for your injuries in many of these accidents. The following are some possible parties that may be accountable.

1. Truck Driver: If the driver’s negligence, such as improper cargo loading or reckless driving, directly caused the spill, they can be held liable.
2. Trucking Company: The trucking company may be held responsible if they were negligent in hiring, training, or supervising the driver or failed to ensure proper cargo securement and maintenance of the vehicle.
3. Cargo Loaders: Those responsible for loading and securing the cargo may be liable if their actions directly contributed to the spill.
4. Manufacturers: In cases where the spill resulted from a defect in the truck or its components, the manufacturers of the truck, trailer, or cargo containers could be held accountable.
5. Shippers and Consignees: Those who contracted for the transportation of the cargo may share responsibility if they failed to provide accurate information about the cargo or loading requirements.

The specific circumstances of the accident, including the cause of the spill and applicable state and federal regulations, will determine which parties bear liability for the incident.

What to Handle a Cargo Spill Trucking Accident