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Brooklyn Hazardous Material Requirements Accident

Each year commercial trucks carry tons of hazardous materials across New York roads. Such hazardous materials include combustible material, corrosive material, poisonous material, and other types of hazardous material. Because of the added danger of transporting hazardous material, in order to do so New York state law requires that the driver take a special test and have a hazardous materials endorsement on his or her commercial driver’s license. Whether the accident is a car accident or a truck accident, if hazardous material is involved, there is more of a chance for the result to be catastrophic. Victims of such accidents often suffer serious personal injury such as a brain injury, contusions, broken bones, internal injuries, amputations, paralysis, or spinal cord injury. Sadly, many victims of truck accidents do not survive. If you were injured in a truck accident where the truck was carrying hazardous materials, it is important that you immediately contact a Brooklyn Hazardous Materials Requirements Accident Lawyer as you may be entitled to compensation for the losses you suffered. In addition, if during the course of the treatment for your injuries a doctor, nurse or other member of the medical staff commits medical malpractice and injuries you further, the truck driver or trucking company may be required to compensate you for that as well.

Transporting Hazardous Materials

In order to protect those on the road as well as the environment, there are federal and state laws related to handling and transporting hazardous materials such as explosives, gases, and flammable and combustible materials. Some of the rules are:

  • Drivers must go through training on handling and transporting hazardous material and must pass a special test.
  • Drivers must have commercial driver’s license with a hazardous material designation.
  • A placard must be placed on the truck warning that it is carrying hazardous material
  • The hazardous material must be property packaged, labeled, and secured in the truck.

The driver is responsible to follow all of the regulations relate to transporting hazardous material. If there is a hazardous material transportation accident, then the truck driver may be legally liable, particularly if he or she failed to follow the rules related to transporting such materials.

Accidents involving the transport of hazardous materials do not only happen on the road when the truck is moving. An accident can also happen during the loading and unloading process. The loading and unloading of hazardous materials is a very complicated and dangerous process, and special training is necessary to do so safely.

Pursuing a Claim for a Truck Accident

If you or a loved one was injured in a truck accident you may be able to recover damages from the truck driver, trucking company, or owner of the truck. Such damages may include:

  • Medical expenses. The medical expenses that you incurred for treatment of the injury, including expenses related to an emergency room or hospital stay, surgery, and ongoing visits to the doctor. In addition to expenses that you incurred at the time you filed the lawsuit, you can also sue for future medical expenses.
  • Lost income and compensation. While you recover from your injuries you may miss work. The amount of work that you miss depends on the severity of your injury and the treatment required. When you miss work you may lose both wages as well as other types of compensation. Wages include the hourly wages or salary that your earn and get paid in the form of a weekly, bi-weekly or monthly paycheck. Compensation, on the other hand, includes benefits you are entitled to from your employer. For example, sick days are a benefit. If you had to use 12 sick days while recovering from your defective product injury, you have the right to be compensated for the value of those 12 days.
  • Pain and suffering. Pain and suffering awards are linked to both the emotional trauma and the physical pain you experienced because of the accident and injuries. For example, those who experience severe injuries often suffer depression, anxiety, frustration, bitterness, inconvenience, and mental anguish. Moreover, injury victims often have to cope with emotional and mental issues related to permanent disfigurement, pain, and extended limitations on physical activities.
  • Wrongful death. If a family member was killed in a truck accident, you may be able to pursue damages in a wrongful death lawsuit.

Beware that New York law has a specific time limit for filing a personal injury or wrongful death claim. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit.

Brooklyn Hazardous Materials Requirements Accident Lawyer

Being involved in a truck accident can be devastating. You may have to face not only physical pain and a long recovery process, you may also face financial distress. A proper investigation into the accident will determine the cause of the accident. Contact Stephen Bilkis & Associates, PLLC to discuss the details of your case. Our staff is experienced in handling claims resulting from truck accidents, as well as SUV accidents, car accidents, and motorcycle accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.

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