Tankers are seemingly all over the place in Texas, ferrying products from the state’s oilfields and refineries. While these are necessary transport services to keep the state running, it does not make them any safer. Quite the contrary tankers are among the most dangerous vehicles on the road. The impact that these large trucks make in a crash alone can injure other drivers. Then, if their cargo ignites or explodes, it can cause further severe injuries.
That’s when you need a truck accident lawyer to help you seek compensation.
Thousands of Gallons of Fuel Are Very Dangerous to Transport
Tanker trucks can carry the following flammable and explosive products:
- Gasoline
- Home heating oil
- Industrial chemicals
- Diesel fuel
Both the drivers of tankers and surrounding motorists can be seriously hurt or killed in these accidents. Even though the tanker truck design intends to prevent fires and explosions, it still does not keep transport completely safe. Driver error can turn even the most fortified and sophisticated tanker into a ticking time bomb. Each tanker truck can hold up to 11,600 gallons of fuel, and just one of these gallons is enough to start a major fire.
Tanker Cargo Loads Tend to Shift When Driving
One of the major issues with tankers is that the contents of the truck tend to move while driving. This constantly shifts the center of gravity for a driver. They need to have all of their skills and reflexes to deal with a constantly changing ride. Drivers cannot do anything rashly when driving a tanker, given their tendency to tip. Practically every move that they make needs to be planned and deliberate to ensure safety.
The petroleum and chemical producers themselves can often own tanker trucks. In addition, there are also trucking companies that deliver oil on a contract basis. Not only is oil and fuel a big business these days, but transporting it is also immensely profitable.
Tanker Driving Must Be Thoroughly Trained, But Still May Not Be Trained Enough
In theory, tanker drivers should be the most trained operators on the road, given the danger of the cargo that they transport. Trucking companies usually tell prospective tanker drivers to prepare for longer training because of the specialized nature of the work. In turn, these jobs pay more than average truck driving positions. However, all you need to drive a tanker is a specialized tanker endorsement that you can often get after taking a written test at the DMV. Even the extra tanker training only lasts for a handful of weeks.
The result is that you may end up with undertrained drivers at the controls of what can be ticking time bombs. All it takes is one wrong move, and highly flammable cargo can ignite. Tanker drivers have the same pressures as all truck operators, so they may not be as careful as the job requires. Just because they have extra training does not mean that they put it into practice by being safe.
There Are More Tankers Than Ever on Texas Roads
The oil boom in Texas means that there are more tankers on the road in the state than ever before. Oil production in South Texas has reached all-time highs because of hydraulic fracking. These tankers tear up roads and can cause massive traffic tie-ups when they are involved in accidents. For every well in the state, there are estimates that between 1,000 and 4,000 trucks are necessary. With the rig count in Texas nearing 1,000, you can imagine how many tankers are on the road throughout the state.
A Tanker Driver Shortage Means More Inexperienced Drivers Are Behind the Wheel
These are just some of the major incidents that have happened recently throughout Texas. With more trucks on the road, tanker safety has arguably gotten worse. The tanker truck driver shortage is making life much more difficult for everyone. Many drivers switched to other types of trucking during COVID, and the tanker driving workforce is aging and retiring.
Tanker crashes can happen anywhere in the state. These trucks are constantly on the move from the oil fields and the areas in Texas where there are refineries. They will often pass through or very close to the San Antonio area.
There is a perception that tanker trucks only carry oil and other hazardous chemicals. This is not entirely true. Many types of companies use tanker trucks to transport cargo. Many food companies that sell liquid products use tanker trucks. This can include milk, juices, and alcohol. While there is less risk of explosion, these tanker trucks share many of the same risks as oil tankers.
Tankers Risk Than Just the Drivers in the Immediate Vicinity
Tanker crashes present many risks. Not only is the immediate driver involved in the collision in danger, but everyone else in the surrounding area is at risk. Oftentimes, tanker crashes can involve multiple vehicles. In many cases, the cargo can ignite, and the explosion can injure many people.
Tankers can be especially dangerous because of their rollover risk. If they are not fully loaded, liquid cargo can slosh around in the truck, causing the truck’s balance to become off-center. There are over 1,300 cargo tank rollovers each year in the United States. 63 percent of cargo tank rollovers happen when the drivers are carrying partial loads. In most cases, driver error contributes to the rollover.
Common Causes of Tanker Truck Accidents
Here are some of the things that can cause tanker crashes:
- Inexperienced truck drivers – as we mentioned above, the demand for qualified and trained tanker drivers far outstrips the number of available drivers. Companies may put poorly trained or lesser skilled drivers on the road to fill their need for drivers.
- Driver negligence – even the most experienced drivers can make mistakes when they are having a bad day. They can do things such as cutting off other drivers or making illegal turns. They can make steering errors that can cause the tanker truck to roll over.
- Speeding – tanker drivers have the same driving hour limits as all other truck drivers. They may try to maximize the time that they have to drive before they need to rest by speeding. Alternatively, they can attempt to make up time and deliver their cargo faster.
- Distraction – tanker drivers on long hauls do not pay full attention to the road. They can do things behind the wheel that take their attention off the road, such as texting, otherwise using a handheld device, or eating.
- Poorly maintained trucks – with so many tankers needed, trucking companies may take shortcuts to keep their trucks out on the road making money. All it takes is a small problem with a tire or the steering to cause a major accident.
- Defective tankers – finally, there can be a problem with the tanker itself, such as a defective part. In these cases, your lawsuit will be a product liability case against the company that made the defective truck or part.
The Dangers of the Aftermath of a Cargo Accident
The initial impact alone can cause severe injuries.
Depending on their cargo, tanker trucks can cause the following additional dangers after the crash:
- Cargo spill – the truck can spill its hazardous cargo onto the roadway, possibly igniting or causing other drivers to spin out and lose control. Spills can also endanger motorists and those in the surrounding area when they release toxic fumes.
- Explosions – all it takes is one spark to cause a massive explosion when the cargo is highly volatile. Not only will this severely injure or kill the tanker truck driver, but it will also harm any drivers involved in the accident.
- Fires – regardless of what they are carrying, tankers are often pressurized with oxygen that can ignite. Most tanker crashes will have some sort of fire. More serious crashes may burn much of the surrounding area
Who You Can Sue After a Tanker Accident
The most common entity that you might sue is the trucking company that employs the driver. They are the ones who are legally responsible for the actions of their employees behind the wheel.
Even if the driver was an independent contractor, the owner and operator of the truck involved can still be liable in most cases. These companies likely have very large insurance policies to protect themselves. Given the extreme dangers of tankers, the policy limits are often high for this type of accident.
Why You Need an Experienced Tanker Truck Accident Attorney
Tanker truck cases require experienced attorneys with expertise in the area. Many unique factors require an attorney to know exactly what they are doing. Not every attorney can handle this type of case.
For example:
- The attorney needs an understanding of the cargo and how it will act in a crash. This requires scientific knowledge and the ability to work with experts. They need to be familiar with the different things that a tanker truck can carry and their properties.
- Tankers may behave differently than tractor-trailers in a crash, and the attorney should understand the unique properties of a tanker.
- Tanker truck accidents usually have higher damages. Therefore, your lawyer should handle cases where a greater amount of money is at stake. This often requires different considerations and tactics than a case with lesser damages. Your attorney should know how to properly value extensive damages that can change the rest of your life.
- Tanker crashes will usually require extensive investigation, and the attorney must gather evidence and documents that can prove your side of the story.
- There are often multiple cars involved in tanker accidents, so you may be dealing with several claims against an insurance policy that covers a certain amount per occurrence.
Large Gas and Oil Companies Mean Business When Defending Against Claims
In tanker truck cases, you are often up against large oil companies, whether they are producers or transporters. These companies are always involved in scores of court cases, and they know the game well. These are not people that you can take on and go up against on your own.
Trying to avoid legal liability to the fullest extent possible is a time-honored way that they do business, and it is how they maximize their profits. Meanwhile, you may have suffered damages that can reach into the seven figures in your crash. You do not want to be left holding the back when it comes to paying your bills because these large companies and their insurers took advantage of you.
Do Not Let the Trucking Company and Their Insurer Take Advantage of You
Many tanker accident cases will end up settling without the need for a trial. Even though these companies like to play hardball, they are also nobody’s fool when dealing with their own potential legal liabilities.
They know that oil companies, while they employ a large part of the Texas workforce, are also not the most sympathetic defendants in the eyes of the jury when someone suffers serious injuries. Keep this in mind when the insurance company makes you a ridiculously low settlement offer.
You do not have to accept what the insurance company offers you and say thank you. Instead, you have a stronger negotiating position than you think when you come to the table with an aggressive attorney who knows the value of your case.