Missouri Cargo Tank Rollover Lawyers

Cargo Tank Rollovers and FMCSA Safety Advisory for Certain Cargo Tanks Carrying Hazardous Materials

Background on the FMCSA

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is the federal agency within the United States government that regulates the trucking industry. Their overall mission is to decrease the number of trucking and bus accidents, injuries, and fatalities that occur in the U.S. each year. In order to carry out its mission and increase safety on U.S. highways and roadways, the FMCSA is authorized to:

• Develop and strictly enforce the federal safety regulations truck and bus companies must adhere to;
• Enhance existing safety information systems and technologies;
• Improve operating and equipment standards;
• Perform safety inspections to ensure compliance with the regulations;
• Generate safety awareness to commercial bus and trucking companies, drivers, and the general; public, including issuing advisory notices when necessary.

Recent Safety Advisory Notice to Certain TYTAL Cargo Tank Motor Vehicles

The FMCSA’s primary targets include commercial motor vehicle companies and high-risk carriers such as those that transport hazardous materials.

For example, on May 11, 2016, the FMCSA issued a safety advisory notice to warn owners and operators of specific types of cargo tank motor vehicles that primarily transport petroleum crude oil and other refined products. These cargo tanks are manufactured by a Mexican based company, Trailers Y Tanques De Aluminio (TYTAL). The company also has a presence in the United States. TYTAL’s cargo tanks fail to meet the Federal Hazardous Materials Regulations and are not in compliance with relevant cargo tank motor vehicle regulations. Specifically, tanks that have the capacity to carry 8,400 or 8,717 gallons of hazardous materials do not have sufficient accident damage protection and tanks that hold up to 10,500 gallons do not have sufficient venting capacity.

At this time, TYTAL is not authorized to continue using these cargo tanks to transport hazardous materials until the deficiencies are repaired and retested to ensure compliance. Both the owners and operators that fail to comply with this safety advisory will be subject to enforcement and fines beginning on June 1, 2016.

Cargo Tank’s Carrying Hazardous Materials and Tank Truck Rollovers

Large commercial motor vehicle accidents can result in severe injuries and property damage. When a cargo tank transports hazardous materials such as crude oil, gasoline, or other flammable gases, the potential damages greatly increase when a truck crash or rollover occurs.

Surprisingly, a small percentage of cargo tank rollovers take place on exit ramps. The majority of incidents occur on straight, dry road surfaces during daylight. Over half of cargo tank rollovers go off the road and may even be fatal.

Role of Human Factors in Rollovers

The large majority of rollovers are caused by driver error. A truck driver or motor carrier may be liable for a rollover accident if:

• The truck has an inadequate vehicle, equipment, or load design, including too large of a load;
• The driver is transporting materials in unsafe conditions or high risk areas;
• Abrupt movements including “over-correcting” or failure to remain attentive;
• Speeding given the conditions of the road or other traffic violations such as improper maneuvers or turns;
• Inadequate vehicle conditions such as a defective brake;
• Poor control over the vehicle due to the driver’s mental state, health conditions, personal distractions, or alcohol and drug use.

Beware of Unsafe Cargo Tanks Transporting Hazardous Materials and Rollovers

Truck accidents resulting from negligent truck drivers make roadways dangerous for the driving public. When you add inadequately designed cargo tanks that transport hazardous materials, the motoring public is more at risk. While the FMCSA has taken preventative measures to avoid accidents involving cargo tanks carrying hazardous materials, these incidents still occur.

If you or a loved one has been injured in a tractor trailer accident, it’s important to talk with a truck accident lawyer immediately. Crucial evidence needs to be secured right away. Call a St. Louis MO truck accident lawyer at Page Law today for a free truck accident consultation to discuss your rights and options. We can be reached at 1-800-CAR-CRASH (800-227-2727) or by email at john@pagelaw.com.