Trucking Dangerous Goods: Who’s Liable in Case of Accidents?

Trucking Dangerous Goods: Who’s Liable in Case of Accidents?
Posted: Nov 28, 2013 12:36 PM | Last Updated: Nov 28, 2013 12:39 PM

TORONTO— The Canadian Trucking Alliance is asking the federal government to invalidate contract clauses compensating shippers from liability in case of incidents involving dangerous goods such as crude oil.

CTA’s president and CEO, David Bradley, commented: “We strongly believe the most effective thing governments can do is to take the recommended actions to reduce the risk of highway accidents and to make sure that the parties whose negligence causes an accident are held liable for the claims.”

The growing trend of shippers including clauses in freight contracts that compensate them from liability from their own negligence goes against both public interest and policy, the CTA says.

The discussion comes in light of last summer’s Lac Megantic accident when several rail tank cars carrying crude oil derailed.

After that incident, the federal government wrote some big clean up cheques and called for increased insurance coverage for rail carriers and shippers.

But an incident of the magnitude of Lac Megantic is unlikely to occur with trucks, the CTA says.

In a report stating its position on the transportation of dangerous goods by truck, the CTA found that the frequency and severity of highway incidents involving trucks carrying dangerous goods is extremely low.

The report analyzed 328 dangerous goods incidents involving trucks in 2012 and found that the number of incidents was 1.64 every 10,000 shipments, with a majority (56.4 percent) of the releases of product under 500 litres, or in other words, minor. These incidents are usually cleaned up with little or no environmental damage.

Highway accidents, where the public is most at risk, accounted for 16.2 percent of all incidents, which means they happened as often as 0.27 times every 10,000 shipments.

Despite their rarity, the major accidents, which account for 6.4 percent of all incidents, are the main cause (56.8 percent) of releases of product larger than 5,000 litres.

“I think we can conclude from this white paper that overall the TDG regulations are effective in preventing dangerous goods incidents where trucks are involved,” Bradley said.

Even so, the CTA advisory committee on dangerous goods has been struck to look at the regulations in more detail. 

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Why Semi-Truck Accidents Are So Common

Often exceeding 80,000 pounds and moving at 60 mph, a big rig truck is truly an accident waiting to happen. There are virtually endless scenarios that could cause a semi-truck to crash and some really aren't avoidable. Weather often plays an important role in the safety of truck drivers and other motorists sharing the road. While the number of incidences may be high, let's look at some of the most common causes of accidents.

Rear-ending another vehicle is a common occurrence for the big-rig driver. Riding saddle over many tons of hardened steel, all it takes to be in an accident is a clueless driver changing lanes in front of the truck and then hitting the brakes. The truck driver can't possibly rein in the enormous weight of his rig in time to avoid collision and the resulting damage is often devastating. Inattentiveness on the big-rig driver's part is also a major player in the rear-end accidents. Long hours on the road, eating and cell phone use are all distractions that can increase the odds of a rear-end disaster.

Poorly maintained trucks are a real problem on the highways. Worn tires and brakes are the cause for many of the worst accidents. Trucks navigating steep declines with faulty brake pads and tires are just asking for trouble. Without top notch brakes and tires, drivers can soon become helpless observers as the brakes fade away and the truck becomes a missile, barreling down the highway, unable to slow or stop.

Drug use among big-rig drivers is just as prevalent as it is with the rest of the driving population. Whether trying to stay awake during a long haul or being addicted to pain-killers from a past injury, drivers under the influence are one of the most dangerous menaces on the road. Drivers with drug problems are urged to seek help and stay off the road until their problems have been successfully addressed.

It doesn't matter how good the driver is if the load he's hauling isn't properly loaded and secured. We've all experienced bouncing rocks from the truck ahead of us and it can do much worse damage than the occasional cracked windshield. An overloaded or improperly secured load can create sheer mayhem if the load falls from the truck onto the highway. Even if the load only shifts and doesn't fall out, the change in weight distribution could cause the truck itself to become susceptible to tipping over.

Weather plays a big role in the safety of all drivers and big-rig drivers specifically. Low visibility means that slamming on the brakes becomes more common and if driving on icy or wet roads, chances of stopping in time to avoid a major collision are slim. Rain, snow and black ice are three of the trucker's worst nightmares. The rig's shear weight, combined with a slick road surface greatly increases the odds of an accident occurring.

The invisible truck syndrome is a too-common, avoidable problem in the trucking world. Reflectors and reflective tape are federal requirements on all trucks, but road grime and age often dull the reflectors effectiveness, making the truck hard to see. If a truck hasn't pulled entirely off the roadway, the chances of collision by a passing motorist skyrockets.

Even in daylight, trucks are routinely hit when not properly removed from the driving lanes. Hitting a parked semi is one of the most destructive scenes imaginable.

Due to the damage done by big-rig accidents and the high number of fatalities involved, it is imperative that drivers take the time to inspect their vehicles before each trip, allow ample time to reach their destination and always stay alert while driving.

When a semi-truck crashes with a car, the results are often catastrophic. As Maryland truck accident lawyers, Our main goal is to make sure our clients and their families are very well protected as they suffer through the aftermath of a truck accident. Call a Maryland truck accident attorney today to make sure you get the compensation you deserve.

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Reporting Claims for Truck Accidents

One area of commercial truck insurance that could use some development is the reporting of claims immediately following an accident. Drivers fluctuate greatly in their reports; some provide very specific details with multiple pictures and witness contact numbers, while others are brief and leave out crucial aspects.

So what's up?!

The first question truck drivers ask is "why should I do any work at all when the police officer is filing an official report?" While this is true, the driver should still take responsibility to ensure the optimal outcome.

According to estimates, about 30% of truck accidents are never reported. There are many reasons for this, so let's take a look at a few.

The Truck Driver Is at Fault

A common reason to not report an accident is that you are to blame. Either you feel embarrassed and do not want to confess to your mistake, possibly because you fear losing your job, or maybe you hope the damage is so miniscule it will not be noticed.

Let me say, you should ALWAYS report an accident. The consequences of trying to cover up an accident and being exposed are usually worse than facing them to begin with.

Even in small, seemingly harmless truck accidents, another driver could decide to take advantage and sue, claiming injury. Inform your boss or commercial truck insurance agent before this happens, so you can be prepared. Getting written or signed statements is an even better way to prevent this scenario.

And never feel embarrassed. These things happen to everyone and are unavoidable. But you will make a case go from unfortunate to awful if you get caught lying about the details.

The Other Driver Is at Fault

If the truck driver does not need to feel guilty or ashamed, then why would he or she not fill out a thorough report?

The simple answer: laziness.

Of course, this lackadaisical attitude could be due to many factors, such as anger and frustration, confusion and terror, or even an injury, like a concussion.

Regardless of the excuses, it is still necessary for you to collect a detailed report for truck insurance purposes. Here are a list of basic steps that you should follow when retrieving data.

Firstly, find out if you or any other people involved in the accident have been harmed. If need be, call an ambulance or the police to assist.

Next, you will need to ensure that you conduct business safely. This means pulling both vehicles off of the road, if possible, and proceeding from a location that does not expose you or the other driver to further injury.

Once you are completely safe, you may begin collecting information. Truck insurance agents provide those they insure with a report form for accidents, on which you will want to note the time, date, and location of the incident. Then write down the license plates, names, contact information, and insurance providers of everyone involved. You want to do this before the police arrive, because afterwards they may separate everyone, making it difficult to obtain. The police will also follow this up with their own investigation, but still collect it for your own records.

One piece of advice: do not discuss who is to blame or whose fault it was. This may cause strife between the parties and lead to uncooperative behavior.

In addition, if you have a camera, either in your glove box or on your cell phone, take pictures of the damages, license plates, scenery and people.

After everything has been compiled, the truck driver should write up a detailed report, along with a diagram showing what happened. Then this information can be forwarded to the truck insurance agency for processing. On average, reports filed faster tend to get settled at a lower cost than those that are undetailed or reported later.

Thoroughness, speed, and attention to detail will surely pay off for you in the long run following an accident.

Patrick Winchester is a freelance writer with info about commercial truck insurance. For more details on trucking insurance policies, visit http://royaltytruckinsurance.com/ to learn about coverage options.

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The Truth about Accidents Involving Semi Trucks

We have all heard the commercials on TV for lawyers who claim they can get you thousands of dollars if you are involved in an accident with a semi truck. There are also plenty of news stories in the media highlighting crashes involving these large pieces of equipment. Yet statistics show the majority of accidents that involve a big truck are due to the negligence of other drivers, not those who are responsible for keeping eighteen wheels on the road.

The sheer size of a semi truck often means that any accident it is involved in with other vehicles is going to be more severe than when two or more regular sized vehicles have a similar accident. Even as low speeds and accident involving a semi truck can be very serious. To help reduce the risks of semi trucks being involved in accidents, employers are working hard to offer effective training programs for their employees.

Many employers who have a fleet of trucks mandate each employee attends a safety meeting on a regular basis. This may be monthly, quarterly, or twice a year. During these meetings all of the safety violations that have taken place in that period of time should be reviewed and evaluated. This way others can learn from mistakes that have already been made and prevent similar accidents from occurring in the future.

The cost of insurance for semi trucks is very high, and companies as well as owner operators do all they can to reduce it. Having a clean driving record is important for this to happen. Many trucking companies refuse to hire individuals with a history of accidents or speeding tickets. They are considered a high risk because the potential is there that they will be involved in an accident.

Incentives for employees that drive a set amount of miles without any types of accidents is a good way to reward them for their attention to safety. This can be a flat fee for a set period of time or it can be an amount based on the number of miles the driver has covered during that span of time.

The percentage of accidents taking place involving semi trucks compared to regular passenger vehicles is very low. Yet the drivers of these large trucks are often assumed to be at fault in the eyes of society. While there are instances where the driver was tired or under the influence of something, this isn’t generally the case. Sometimes accidents do happen due to the weather involving large trucks, but the myth that truck drivers are careless individuals who speed excessively hold no truth.

It is a good idea for all truck drivers to carry a disposable camera in their glove compartment. This way pictures can be taken if an accident does occur before the vehicles are moved off the road. Make sure you take the time to write down the date, the time, road conditions, and get the names of any witnesses to the event. If you work for a company you need to report the accident to your dispatcher immediately.

Having this information can make all the difference when it comes to figuring out who was at fault for the accident. Too many people are in a hurry to sue truck drivers and their companies when such incidents occur. If you have to hire an attorney or you have to go to court over the incident you want to have detailed information to protect your innocence.