Let’s talk today a little bit about trucks that actually transport hazardous materials. Trucks which do transport hazardous materials have to comply with each and every state local rule and regulation unless the state rules and regulations are less stringent than the regulations declared by the Department of Transportation. In other words, if the Department of Transportation’s regulations are more strict, then it is the Federal Motor Carrier Safety regulations which would apply to your case.
A truck transporting hazardous materials cannot be operated where there is fire nearby and moreover, a truck cannot be parked if there’s fire that is a hazardous truck within 300 feet of a fire. If the hazardous truck contains flammable or explosive materials then no person can even light a cigarette within 25 feet of the truck.
Truckers who transport hazardous materials have to make sure, specifically, that the tires on those trucks are properly inflated and that they are of normal use wear and tear, in other words, that the tires themselves are suitable for going on the highway with the hazardous materials. If the tires on the trucks, in fact, are not suitable then the truck driver has a duty to make sure that the tire is properly inflated, that it’s replaced, or that it’s properly repaired before going out on the road.
The obligation of the trucking company for a trucker who is involved in the transportation of hazardous materials is to make sure that that truck driver is educated on the different rules and regulations of transporting hazardous materials. If you have questions about your case and whether it involved hazardous materials or the transportation and you were involved in a truck wreck case, call me at 770-792-1000.