It is a matter of commercial necessity that potentially dangerous materials such as chemicals and explosive substances must sometimes be transported over our nation’s highways.

While companies engaged in the dangerous activity of transporting hazardous materials on public roads are already subject to a heightened legal standard of care, their failure to comply with the appropriate regulations concerning the transport of hazardous waste can be evidence of liability. Georgia law on the subject largely mirrors Federal Motor Carrier Safety Administration (FMCSA) regulations and addresses various aspects of the transportation process:

• Shipper and carrier responsibilities
• Documentation requirements
• Training requirements for handlers
• Security requirements
• Requirements regarding emergency response capabilities
• Minimum standards for hazardous material packaging

These regulations apply to a variety of materials including flammable or explosive substances, poisonous materials, oxidizing agents, radioactive substances and corrosive substances. If a carrier fails to comply with regulations and that failure leads to an accident or injury, it can be compelling evidence supporting the carrier’s liability. However, even if the company and driver complied with all applicable regulations, it does not mean they are absolved of all responsibility.

Unfortunately, transportation companies are often not forthcoming with this information, especially when they have reason to believe that an accident was brought about by violations of these regulations. In these instances, it takes an aggressive and experienced Georgia truck accident lawyer to get to the truth — and get justice for the injured victims and their families.