Commercial Motor Vehicles In “Hazmat” Accidents

Commercial motor vehicles (CMVs) carry all manner of raw materials and consumer products. This can include items or substances that are patently dangerous to both people and to the environment if mishandled. In the event of a road accident involving a CMV transporting hazardous materials, the stakes are higher than average in terms of potential injuries and environmental damage. Safety is the first priority. The right attorney can protect your interests if you decide to file suit against a(n allegedly) negligent driver.

The Vehicle’s Status Matters

It is important to keep in mind that CMVs are defined somewhat differently in federal law than in state jurisprudence. For example, Florida’s definition of a CMV is a vehicle which uses ‘special or motor fuel’ on public highways, is not owned or operated by a government, and which either weighs 26,001 pounds or more or has three or more axles. This is a fairly narrow definition given the weight requirement.

Comparatively, the Federal Motor Carrier Safety Administration (FMCSA) defines this vehicle as one with a gross vehicle weight of 10,001 pounds or more, is designed to carry a certain number of passengers or cargo, or carries hazardous materials that require federal placarding. This matters because under federal rules, vehicles transporting hazardous materials qualify as CMVs, but they may not qualify under state law.

Damages May Be Harder To Calculate

Even if a vehicle does not qualify as a CMV in Florida, this does not, of course, mean that mishandling hazardous materials will be ignored. Whether under state or federal jurisdiction, a case involving a ‘hazmat’ spill will follow similar patterns to any case of roadside negligence. However, any environmental damage will be factored into the case against the negligent party, and it may result in additional money damages being ordered against the driver and other defendants.

If a court finds for the plaintiff in this type of case, it is worth noting that calculating damages may take longer than usual. While a court cannot usually grant money damages for potential harms, it can take time to determine just what may be compensable and what may not. For example, a spill of radioactive materials may expose someone to radiation, drastically increasing their likelihood of getting cancer – but the court would still have to determine whether that was sufficient to award damages.

Contact A Tampa Commercial Vehicle Accident Attorney

If you have had the misfortune to be involved in an accident with a hazmat truck, you need an attorney who understands the high stakes of your situation. A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help. Contact us today to schedule a free consultation.

Source:

fmcsa.dot.gov/faq/what-difference-between-commercial-motor-vehicle-cmv-and-non-cmv