If Injured By Chemicals In A Truck Accident, Can You Sue The Shipper Of The Chemicals?
Getting into a truck accident in the state of Georgia can be a traumatic experience – even more so if that truck was carrying chemicals. When you file an accident claim, there are several parties you may be able to sue in addition to the truck driver. For instance, if the chemicals the truck was carrying caused you to suffer an injury, you may be entitled to sue the shipper of those chemicals.
However, the circumstances involved in suing the chemicals shipper are limited. A truck accident lawyer can review your case and advise you as to whether yours qualifies as one wherein you can sue the chemical shipper.
If You Are The Victim In An Accident Involving A Hazmat Truck, Call Us!
A truck driver who is transporting chemicals should exercise even more caution while driving. It is therefore infuriating and upsetting when one of these trucks is involved in what may have been a preventable accident.
The trucker may have been texting, or high on drugs. While yours may seem like a unique case, Prieto, Marigliano, Holbert & Prieto, LLC has years of experience handling cases similar to the one you are dealing with now. Call us today to speak with one of our experienced personal injury lawyers. You deserve justice, and we will help you get it.
Suing The Shipper
Most of the time, drivers know the kind of cargo they are carrying, and they make every effort to drive safely. However, in some cases, the shipper does not inform the driver that he is carrying chemicals. Had the driver known this, he might have driven with more caution. This is referred to as a duty to inform.
This is not to say that the driver’s reckless behavior should be excused. However, the shipper may certainly be at fault for not warning the driver to be even more careful than usual in the event of a potential accident.
With this advice, maybe the driver could have started slowing down sooner. Maybe he could have avoided busy highways altogether. For these reasons and others, the shipper may be partially responsible for the behavior the driver engaged in. If so, then you may be able to include the shipper in your accident claim.
However, you may not be able to recognize or prove any of this on your own. Here at Prieto, Marigliano, Holbert & Prieto, LLC, we know which experts and investigators to hire to get the truth about what happened in your accident. We certainly do not want your truck accident claim to be dismissed as frivolous litigation, which is why we make sure we do our research so that the court knows that we are confident in our research and stand behind it as the truth.
Medical bills can be even higher if you are dealing with the fallout from a truck accident involving chemicals. Injuries from truck accidents are severe enough before adding chemical-related injuries to the mix. You may be entitled to an even higher damages claim to compensate for the treatments you require.
And if the accident was not your fault, you should absolutely sue for every penny you’re entitled to. No one should have to endure that kind of suffering, and especially if the accident was preventable. Compensation can at least help make it more bearable.
Even if you believe you may be partially at fault, you should still file a personal injury case. If you are unsure of what you should claim, Prieto, Marigliano, Holbert & Prieto, LLC can help. Even if the other driver was only 25 percent at fault – like, say, if you were driving in the truck’s No-Zone – you are still entitled to, and should fight for, that 25 percent. Why not?
Knowing Who To Hire
Truck accident claims are a complicated beast, so it is crucial you hire someone with the experience and know-how to file a comprehensive claim. Here at Prieto, Marigliano, Holbert & Prieto, LLC, we sit down with our clients and learn their stories so that we can feel fully confident when we fight before the court. We care about you, and we want to make sure that you are properly represented – and we have ample resources available to do just that.
If you are interested in setting up a consultation, fill out the form to the right, or call us at (855) 329-7144. We will review your claim and advise you of the best course of action to take. Even better is that you are under no obligation to retain us. The consultation is free, so do not delay – call us today!