When a commercial truck accident occurs in California, the immediate dangers are obvious. But what many people don't realize is that some truck crashes create an invisible threat that can last for years: toxic chemical exposure.
California sees thousands of commercial truck accidents each year. In 2024, the state recorded over 12,500 large truck and bus crashes, resulting in more than 5,600 injuries and 354 fatalities, according to data from the Federal Motor Carrier Safety Administration (FMCSA). Among these crashes, those involving hazardous materials pose unique risks that extend far beyond the initial impact.
Unseen Risks from Hazardous Material Truck Accidents
Nationwide, nearly 3% of large trucks involved in fatal crashes and 2% of those in injury crashes were transporting hazardous materials (HM). Among these incidents, hazardous material spilled from the cargo sections of 20% of the trucks. When these trucks crash, they can release dangerous chemicals that threaten not just crash victims, but entire communities.
Approximately 42% of the spills in injury and towaway incidents involved combustible liquids like gasoline and fuel oil. But trucks that carry industrial chemicals, pesticides, and other toxic substances that can also cause serious health problems.
Common Toxic Chemicals in Hazmat Truck Accidents
California truck accidents can expose people to various dangerous substances:
Diesel Exhaust and Fuel Spills
Even regular diesel trucks pose chemical exposure risks. Diesel motors produce a complicated blend of air contaminants, containing both gas and particle matter. These chemicals include polycyclic aromatic hydrocarbons, benzene, formaldehyde, acetaldehyde, acrolein, and 1,3-butadiene.
Further research on diesel exhaust's cancer-causing potential published prompted the International Agency for Research on Cancer to classify diesel engine exhaust as "carcinogenic to humans".
Industrial Chemicals and Hazardous Materials
Trucks transport everything from cleaning solvents to industrial acids. When these vehicles crash, dangerous chemicals can spill onto roads, seep into groundwater, or create toxic vapors.
Petroleum Products
Gasoline, oil, and other petroleum products are commonly involved in truck accidents. These substances contain benzene and other carcinogens that can cause immediate and long-term health effects.
Health Impact of Chemical Exposure Following Truck Crashes
Toxic exposure from truck crashes can lead to both instant and delayed health issues:
Instant Health Effects
- Breathing problems
- Chemical burns to skin and eyes
- Head pain and lightheadedness
- Stomach upset and vomiting.
Long-term Health Impact
Severe medical conditions can emerge years following chemical exposure, such as:
- Cancer, especially lung cancer
- Brain and nerve disorders
- Liver and kidney harm
- Fertility and reproductive issues.
These consequences may lead to early death, hospital stays, and emergency room visits for worsened chronic heart and lung conditions, including asthma, heightened breathing symptoms, and reduced lung function.
Employees with the most intense and extended exposures, including railroad workers, heavy equipment operators, miners, and truck drivers, show elevated lung cancer mortality rates compared to unexposed workers.
California Legal Protections for Chemical Exposure Victims
California maintains some of America's most robust legal protections for people facing toxic chemical exposure:
- Proposition 65: Officially titled the Safe Drinking Water and Toxic Enforcement Act, this law mandates California to publish a registry of chemicals known to cause cancer, birth defects or other reproductive damage. This registry, which must be refreshed at least annually, has expanded to include over 900 chemicals since its initial publication in 1987.
- Spill notification requirements: In California, any major release or potential release of a hazardous substance requires prompt reporting by the responsible party to the Cal OES State Warning Center (800) 852-7550, and either the Unified Program Agency (UPA) or 911.
- Strict liability for toxic exposure: A victim can obtain compensation for injuries from toxic substance exposure even when the defendant wasn't negligent. Strict liability applies to certain activities, including the manufacturing or distribution of defective products.
Legal Options for Chemical Exposure Injuries
When you're harmed by chemical exposure from a truck crash, you may pursue several legal remedies:
- Negligence claims: A victim can seek damages for injuries from toxic substance exposure when the defendant was careless in handling or disposing of the substance. This includes trucking companies that fail to properly secure hazardous materials or follow safety protocols.
- Strict liability claims: For certain dangerous activities, including transporting hazardous materials, companies can be held liable regardless of whether they were negligent.
- Product liability claims: If defective equipment or containers caused the chemical spill, you may have a claim against the manufacturer.
Who Can Be Held Responsible?
Multiple parties may be liable for chemical exposure injuries from truck accidents:
- Trucking companies for inadequate training or safety protocols
- Truck drivers for negligent operation
- Chemical manufacturers for inadequate warnings or defective containers
- Maintenance companies for faulty equipment
- Government entities for poor road conditions or inadequate emergency response.
Proving Your Chemical Exposure Case
Toxic exposure cases require proving several key elements. The plaintiff must prove that their exposure to the toxic substance was a substantial factor in causing their injury. This indicates that the exposure probably caused the injury, even when other factors may have contributed.
You'll also need to establish:
- The identity of the toxic substance
- How you were exposed
- That the exposure caused your injuries
- The extent of your damages.
Compensation for Chemical Exposure Injuries
Chemical exposure settlements in California can range from tens of thousands to $1,000,000+ dollars. These cases generally have higher settlement amounts than other personal injury cases due to the high potential for long-term or permanent damage.
For context, the average truck accident settlement in California is typically between $70,000 and $75,000 for moderate accidents, but chemical exposure cases often exceed these amounts due to their complexity and lasting health impacts.
What Makes Hazmat Truck Accident Settlements Higher?
- Long-term health effects: Chemical exposure can cause chronic illnesses, cancers, and disabilities requiring lifelong care.
- Environmental cleanup: Hazmat spills often require costly remediation, which can be included in settlement amounts.
- Multiple liable parties: Manufacturers, shippers, trucking companies, and maintenance providers may all share liability, increasing available compensation pools.
- Punitive damages: Regulatory violations or egregious negligence can lead to punitive awards.
Challenges in Chemical Exposure Cases
Chemical exposure cases present unique challenges:
- Delayed symptoms: Many health effects don't appear until years after exposure, making it harder to connect injuries to the accident.
- Complex causation: Proving that chemical exposure caused your specific illness requires expert medical testimony and scientific evidence.
- Multiple exposures: People are often exposed to chemicals from various sources, making it challenging to prove which exposure caused the harm.
What to Do After Chemical Exposure From a Truck Accident
If you've been exposed to chemicals in a truck accident:
- Seek immediate medical attention. Even if you feel fine, get evaluated by a doctor.
- Document everything. Take photos of the scene, your injuries, and keep all medical records.
- Report the incident. Notify authorities and get a copy of the accident report.
- Avoid the contaminated area. Don't return to the accident scene.
- Contact an experienced attorney. Chemical exposure cases require specialized legal knowledge.
Why You Need an Experienced California Personal Injury Lawyer
Chemical exposure cases are among the most complex personal injury claims. They require extensive knowledge of:
- Toxic tort law
- Environmental regulations
- Medical causation
- Expert witness testimony.
At Barrios & Machado Personal Injury & Accident Lawyers, truck crash attorneys Ursula Barrios and Guillermo Machado have helped thousands of California clients navigate complex legal challenges. Since 2010, they have built a reputation for fighting hard against powerful adversaries, including insurance companies and corporations.
At the Barrios & Machado firm, our history demonstrates our success. We’ve secured favorable compensation for injured individuals and their families, even in complex truck accident cases and in claims against big companies. Our client-focused approach means we treat each case with the personal attention it deserves.
A client testimonial reads: "I am forever grateful for your victory in my federal fraud case. I'm amazed at how you changed the presiding judge's mind. Thank you from the depths of my heart."
Contact Barrios & Machado for Your Chemical Exposure Case
If you or a loved one has been exposed to toxic chemicals in a California truck accident, time is critical. Chemical exposure cases have strict deadlines, and evidence can disappear quickly.
The law firm of Barrios & Machado Personal Injury & Accident Lawyers offers free consultations to evaluate your case. With our top-rated California personal injury lawyers, we have the experience and resources to take on complex chemical exposure cases against major corporations and insurance companies.
Don't let chemical exposure injuries go uncompensated. Call Barrios & Machado today at (714) 515-9696 for your free consultation. You pay nothing unless we win your case.
