Oil Cargo Tanker Truck Accident Attorney
Oil Cargo Tanker Truck Accident Lawyer Fighting Oil Companies with Negligent Truck Drivers who Operate Cargo Tanker Trucks and Oil Field Service Trucks.
Our Oil cargo tanker truck accident lawyers help fight trucking companies with negligent oil tank truck drivers. We get financial compensation after a car accident with an oil industry truck or vehicle.
Our oil cargo tanker truck accident attorneys have experience over four decades with taking on trucking companies and insurance carriers for motor carriers. We use proprietary case development methods that help us prove negligence and fault of oil industry truck drivers and motor carriers.
We have a track record of great settlement results having settled hundreds of millions of dollars in car-truck accident cases. We never charge a legal fee or expenses unless we win.
Truck Accident Lawyers Group (TALG) is associated with Bull Attorneys®. Our offices are in Wichita and Garden City. We will drive to your home or hospital room. Our office in Wichita is at 10111 E. 21st Street North, Suite 202, Wichita, Kansas 67206. In Western Kansas, our office is at 3102 E. Kansas Avenue, #100, Garden City, KS 67846.
We help car and truck injury victims who were injured by oil industry trucks get financial compensation for pain and suffering, mental anguish, loss of enjoyment of life, disability, past and future medical bills, past and future wage, and economic loss and for wrongful death when an injured loved one passes from a truck crash.
Our oil cargo tanker truck accident injury attorneys are experienced in federal and state regulations like the FMCSR and CSA BASICs. Oil industry trucks usually transport hazardous substances making them a danger to all motorists. Cargo tanker trucks are especially hazardous to passenger vehicles.
If you have a car accident or pickup accident with an oil tanker truck, oil field service truck or other oil industry vehicle, we provide a free consultation by calling us at 316-330-9200 365 days a year, even on holidays. You can also write to us on our contact page.
What are the Different Types of Specialty Trucks that are Unique to the Oil and Gas Industry?
The oil and gas production business has many specialty trucks which are unique to the oil industry which carry special danger to passenger vehicles. The trucks used by the oil industry range from oil cargo tanker trucks to frac trucks and water tanker trucks. Some of the more dangerous oil industry trucks are listed below:
- Oil Cargo Tanker Trucks.
Oil field tanker trucks will handle between 8,400 to 9,240 gallons with some approaching 11,000 gallons. The average tanker truck weighs 33 tons when loaded. Oil tanker trucks transport hazardous materials making them extremely dangerous to all other motorists. - Frac Truck.
Frac trucks are performing hydraulic fracturing. This procedure injects high-pressure mixtures of water, sand, and other chemicals into the ground with immense pressure to release trapped hydrocarbons deep below the surface. The tanks on these trucks weigh approximately 28,000 pounds. - Crane Truck.
Crane trucks have foldable cranes and are used to lift and move heavy loads. Many of these heavy trucks have a gross vehicle weight rating (GVWR) of at least 60,000 pounds. - Water Tanker Truck.
Water tanker trucks store several thousand gallons of water and are equipped with pumps and hoses and are used in oil recovery. The average trucks hold between 2,000 and 6,000 gallons of water. Some even hold 20,000 gallons. Since a gallon of water weighs 8.34 lbs. these trucks can weigh massive amounts. A 6,000 gallon tank will weigh around 50,000 lbs. not counting the truck and trailer. - Seismic Truck.
Seismic trucks study the earth’s composition with vibrations and seismic waves. Geologists and petroleum engineers use them to study the locations for a potential drilling site for an oil rig. Average weight for seismic trucks is approximately 52,000 lbs. - Utility Truck.
Utility trucks for the oil and gas industry come in many different sizes. Many of these trucks come with integrated power sources enabling the oil and gas service people to do on-site welding and repairs to metal structures. Class 5 trucks are limited to a maximum of 19,500 pounds and some are smaller, only weighing 8,000 lbs. - Tie-down Truck.
Tie-down trucks are supposed to help safeguard against accidents with mechanisms that strap, lash or lock downloads being transported. These types of trucks have weight that varies based upon the size of the truck and trailer combined with the particular load being transported. - Dry Bulk Trucks.
Dry bulk trucks hold granulated materials like cement, sand, and chemicals. They are usually in a tank or container that is sealed. In oil and gas, they carry different types of materials required for drilling oil and gas wells, or for setting up pumping operations. Federal law limits the weight to a maximum of 80,000 lbs. - Vacuum Trucks.
Vacuum trucks are used in the oil industry to contain and prevent pollution and to manage drilling byproducts. These trucks haul water, drilling mud and other cargoes and typically hold around 130-150 barrels of materials.
Regardless of which type of oil and gas industry truck it is, when a passenger car or pickup truck has an accident with an oil cargo tanker truck or oil and gas service truck there is a likelihood of severe injury and death. Our Oil cargo tanker truck accident lawyers understand the complexities of each different type of oil industry service truck and how they must be safely operated.
What Dangers are Associated with Oil and Gas Trucks?
The oil and gas industry is filled with danger to cars and smaller vehicles like pickups, vans, and other smaller vehicles. Our trucking lawyers are experienced in handling these catastrophic accidents that are mainly caused by poorly trained and fatigued truck drivers.
Typical dangers associated with oil and gas trucks are:
- Oil Spills.
Oil spills are dangerous to the environment because of their hazardous materials. When an oil spill happens, it is likely to damage the local environment where the spill occurs. - Jackknife accidents with oil tankers.
A jackknife accident with oil tankers occurs when the trailer travels faster than the tractor and begins to swing perpendicular to the tractor sometimes exceeding 90 degrees. These happen due to unsafe speeding, improper cargo weight distribution, improper quick turns, brake failure and driver distraction and error. - Rollovers with oil tankers.
A rollover with an oil tanker happens when the tanker flips or tips onto its side and flips over, usually causing the contents to spill out. The DOT reported that 78% of rollovers are due to driver error. The NHTSA estimated that 5% of rollovers occur from tire or road interface friction. - Explosions.
Oil and gas truck accidents can lead to explosions where nearby cars and motor vehicles including the truck driver can become engulfed in flames. The probability of death in burn cases is high. When an explosion occurs, the family may sue for wrongful death plus a claim for conscious pain and suffering of your loved one.
How Can Truck Drivers Prevent Cargo Tank Rollovers?
The FMCSA produced a Cargo Tank Truck Rollover Prevention Toolbox video for truck drivers that helps them avoid cargo tank rollovers by:
- Avoid sudden movements leading to rollovers.
- Control the load while making turns.
- Identify high risk areas on roads.
- Remain alert and attentive when driving behind the wheel.
- Control speed and maintain proper “speed cushions.”
What are the 8 Common Causes of Oil Cargo Tanker Truck Accidents?
Oil cargo tanker accidents do not usually occur absent driver distraction and error from driving too many hours without sufficient rest breaks.
Eight common causes of Oil Cargo Tanker Truck Accidents are:
- Fatigued driving.
Part 392.3 of the FMCSR requires that truck drivers may not operate and a motor carrier shall not require drivers to operate when they are too tired or sick. Unfortunately, many motor carriers require their drivers to deliver on time which pushes truck drivers beyond safe driving limits. - Driver distraction and error.
Driver distraction and driver error are a leading cause of oil tanker truck accidents. The FMCSA published distraction reasons from their 2018 Crash Facts. The most important distractions are:
• Distracted by outside person.
• Talking or listening to cell phone.
• Using or reaching for a device.
• Adjusting audio and climate controls.
• Looked but did not see. - Sloshing accidents.
Sloshing happens when a tanker is not completely filled and the sloshing of the liquid cargo shifts the center of gravity of the tanker causing it to rollover or leave the traveled highway. - Load size.
The FMCSA Cargo Tank Rollover Prevention Fact Sheet reported that 63% of rollover crashes occurred with cargo tanks carrying partial loads. The FMCSA wants tanker drivers to understand the slosh and surge effect of liquid loads. - Blind spots of oil tanker trucks.
While all semi-trucks have blind spots tanker trucks with oil and other liquids have blind spots to the front, back and both sides making smaller vehicles, motorcycles, and pedestrians difficulty for the driver to see. The truck driver can make stops, lane changes or forward movements into a blind spot causing the accident. - Improper and insufficient driver training.
The motor carrier industry has a high turnover rate of new hire truck drivers. This hazardous industry demands more extensive training. A safe motor carrier that has safe driver training procedures will use a minimum of a 3 day driver orientation and training. When not done or at a lesser amount truck accidents happen. - Part 392.14 requires truck drivers to stop in dangerous weather.
Part 392.14 requires truck drivers to slow down and when weather conditions become sufficiently dangerous, they must stop operation of the tractor-trailer. It is more critical for a tanker truck to stop in dangerous weather than a normal semi-truck because of the enormity of the danger to others. - Brake Defects.
The FMCSA Cargo Tank Rollover Prevention Fact Sheet reported that 54% of vehicles in rollovers had a brake defect.
How Much Liability Insurance are Motor Carriers Required to Carry when Transporting Hazardous Substances?
The Federal Motor Carrier Safety Administration (FMCSA) enforces the FMCSR and Part 387.0 requires minimum levels of financial responsibility of $5,000,000 for motor carriers transporting hazardous substances.
What are Four Common Injuries Caused by Oil Cargo Tanker Trucks and Oil Field Service Truck Accidents?
Oil cargo tanker trucks and oil field service trucks typically transport hazardous substances making them extremely dangerous. These can include all of the specialty trucks listed above. The most serious of the injuries arise from Rollovers and Jackknife accidents with cars and pickups that lead to traumatic permanent injuries.
4 Common injuries caused by oil cargo tanker trucks and oil field service trucks:
- Back and Neck Injuries.
Back and neck injuries are common aftereffects of car-truck crashes which are more severe with heavy oil cargo tanker trucks and water tanker trucks. They can cause strains and sprains to the extremities or extreme damage to the spinal column requiring surgical treatment through epidurals, radio frequency ablations, discectomy, laminectomy, fusion, and instrumentation with titanium parts inside the spine and extremities. - Head Injuries and Traumatic Brain Injuries.
Shifting acceleration and deceleration forces occur when a car and cargo tanker truck or oil field industry service truck collide. Many of these accidents are rollover or jackknife accidents or head-on crashes from high winds, driver error and sloshing liquids. They result in concussions, brain bleeds, skull fractures, traumatic brain injuries (TBIs) and long term disability. - Burn injuries from fire due to explosion.
Tractor-trailers and cargo tanker trucks can explode or catch on fire when they collide with other large vehicles or hit bridges that make the gas tank explode. This results in the truck driver burning alive being consumed by fire and is one of the worst types of injuries that large truck accidents can have. - Wrongful death.
Wrongful death can happen easily after a car-truck crash because of the powerful force of the heavier truck. Death may come rapidly or over weeks or months. When a loved one lives after the accident for any period of time, they also have a Survival Claim for conscious pain and suffering.
For other common types of injuries click here.
What Kind of Damages Can I Get When I have a Car Accident with an Oil Cargo Tanker Truck or Oil Field Services Truck?
Types of damages available to truck injury victims harmed by oil cargo tanker trucks and oil field service industry trucks are:
- Noneconomic damages for pain and suffering.
Noneconomic damages are for subjective and nonmonetary losses like pain and suffering, mental anguish, loss of enjoyment of life and disfigurement, inconvenience, emotion distress, loss of society and companionship along with other similar types of losses. These damages typically have no mathematical calculation and are assessed by an adjuster, jury, or court. - Economic damages.
Economic damages are for actual financial damages that are a direct result of a negligent truck driver or motor carrier causing harm and injury to a person for medical bills, lost wages, rehabilitation costs, future medical bills, future wage loss and future medical needs. These damages can be calculated by using experts like medical doctors, economists, lifecare experts and nursing experts. - Wrongful death.
Wrongful death damages are financial damages meant to compensate the family for lost financial support, suffering and loss of services, guidance, and counseling. This can include a survival claim for the conscious pain and suffering. It includes funeral expenses and many other types of losses from your loved one dying. - Punitive damages.
Punitive damages are known as exemplary damages and are awarded by a court to punish a defendant for reckless, wanton, and willful acts causing harm to another person. They serve to punish and remind others that they should not engage in similar reckless conduct.
How Long is the Statute of Limitations in Kansas for a Car-Truck Crash with an Oil Cargo Tanker Truck or Oil Field Services Truck?
If you have a car-truck crash with an oil cargo tanker truck or oil field services truck in Kansas the statute of limitation is only a two year statute of limitations under Kansas statute 60-513. Minors have a longer period of time depending upon their age.
What is the Best Type of Trucking Attorney for an Oil Cargo Tanker Truck Accident?
The best type of trucking attorney for a car-truck accident with an Oil Cargo Tanker Truck is an experienced regulatory lawyer who understands how rollover and jackknife accidents happen from oil cargo tanker trucks, water trucks and other large oil industry service vehicles. The lawyer should be knowledgeable about the FMCSR and specific oil industry regulations.
Frequently Asked Questions
What is a reportable accident for the FMCSR?
Part 390.5T of the FMCSR defines a reportable “crash” or “accident as an occurrence involving a commercial motor vehicle in interstate or intrastate commerce where a vehicle is towed from the scene and a fatality occurred, or a person was required to seek immediate medical treatment away from the scene of the crash.
What is the most common cause of a trailer jackknife accident?
The most common cause of jackknife accidents is from driver error and improper braking making the trailer travel at a speed faster than the tractor pulling the trailer.
Who is responsible for properly loading a cargo tanker with sufficient liquid?
Part 392.9 of the FMCSR places a joint responsibility on the truck driver and motor carrier to ensure that cargo is properly loaded.
Locations We Serve
With physical offices in Kansas and Texas, the Truck Accident Lawyers Group is ready to represent injured people who have had a motor vehicle and truck accident anywhere in the United States. Make sure you hire an experienced truck accident lawyer who understands the safety rules under the FMCSR.
