Chemical Spill Closes I-40
Traffic is back to normal after a chemical spill around 1:45 shut down part of the eastbound interstate near the Western Avenue and 17th Street Exit. The Knoxville Fire Department’s hazardous materials team was reportedly called to respond to the scene of the spill around 1:45 p.m. when a trailer carrying a drain opening chemical to a flea market in North Carolina was pulled loose from the bumper of the vehicle that was towing the trailer, causing a chemical to spill all over the roadway. The substance was originally thought to be cleaning supplies, but workers then noticed that it was eating through the pavement. The trailer reportedly contained no markings of any type that identified what type of chemical the trailer was carrying.
Under Tennessee law carriers of hazardous chemicals can be held strictly liable for any injuries or damages caused during the transportation of those chemicals. This means that even if the driver of the chemical truck was as careful as he could possibly be, the chemical company could be held liable for any damages caused should the chemical spill out or otherwise cause damage or injury to any person or property while it is being transported.
Should the strict liability theory of recovery fail because a chemical or other substance that causes damage is not inherently dangerous, drivers could also pursue recovery for injuries caused by such chemicals under a negligence theory. In this scenario, the trailer may have been attached to the vehicle improperly causing it to come loose and spill the chemical or the vehicle may have been defective in some way and thus unable to pull the trailer properly. Victims may also be able to pursue recovery under a negligence theory if the driver of the chemical truck engaged in some form of negligent driving such as speeding or driving while texting.
In sum, big trucks that carry hazardous or even non-hazardous chemicals present a multitude of recovery options for victims who suffer injuries as a result of the transportation of those chemicals. In such situations, it is important to know who can be held responsible and what the appropriate basis for recovery may be. Consulting a knowledgeable Tennessee personal injury attorney can help victims resolve both of these questions and maximize their chances for recovery.
Source: http://www.knoxnews.com/news/2010/sep/16/spill-closes-eastbound-lane-i-40-western-avenue/
