Truck Carrying Acid Tips, Halts Knoxville Traffic
A tanker truck that was reportedly carrying methacrylic acid partially tipped while trying to turn into a Knoxville parking lot at around 9 p.m. Saturday night, causing the toxic substance to spill onto Western Avenue. According to reports, the truck was exiting I-640 in Knoxville when it hit a four-foot tall concrete pillar that formerly supported a light pole and caught under the trailer portion of the tanker's tires, causing the accident. Due to the flammable and corrosive nature of the chemical, the portion of the roadway where the spill occurred had to be blocked off by authorities until the spill could be cleaned up and the tanker could be restored to its upright position.
Typically on this blog we discuss situations where the negligence of one driver or company causes injuries to other drivers or persons using the roadway. There are, however, situations where drivers and companies can be held responsible for damages even where no negligence occurs. One such situation exists when a truck is hauling chemicals or substances which by their very nature pose a threat to other persons on the roadway. Methacrylic acid, being a flammable and corrosive substance, would certainly seem to qualify. Where companies choose to haul these substances, they can be held “strictly” liable for even damages caused by them, regardless of how much care their drivers used when transporting the chemicals.
In this situation, there is no clear indication that the driver of the truck was negligent in running over the concrete pillar, but there is a sufficient basis for believing that the company knew it was hauling a dangerous substance and may be held strictly liable for any property damage or personal injuries that were caused by the transportation of the acid. The key point to remember about strict liability for plaintiffs in these situations is that it very often allows them to recover from the companies that own the trucks rather than just the drivers, meaning the likelihood of recovering a large award of damages increases substantially. If you or someone you know has been injured as a result of the transportation of dangerous cargo, do not hesitate to contact a skilled personal injury attorney in Tennessee today.
Source: http://www.wate.com/Global/story.asp?S=13499808
