What are Hazardous Materials?

They are often referred to as HAZMAT, but what are they really? You can find the official definition under 49 C.F.R. 105.5. You can also think about hazardous materials as including things such as flammable gases, toxic chemicals, radioactive materials, and other dangerous goods or materials. Drivers transporting these materials are held to strict federal and state regulations due to the heightened potential disasters in the wake of a spill or accident.

Accidents involving hazardous materials can have far-reaching consequences beyond those stemming from normal trucking operations. Beyond the potential for fatalities, these accidents can result in environmental contamination and severe injuries stemming from the hazardous materials themselves, in addition to injuries arising from the accident. The legal ramifications from these kinds of accidents are often complex and require a careful navigation of state and federal law.

What Regulations Apply?

The transportation of hazardous materials is regulated by the Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT). These agencies determine the specific safety protocols for the transportation and handling of hazardous materials. However, complicating matters further, individual states may have additional regulations that apply to the transportation of hazardous materials. For instance, Virginia has its own rules for transporting hazardous materials under the Virginia Waste Management Act; Various Virginia Agencies, including Virginia Department of Transportation, and the Department of Environmental Quality, have their own regulations; and even the private Chesapeake Bay Bridge-Tunnel has its own rules.

Drivers, and their companies, must adhere to these rules to ensure the safe transportation of hazardous materials. Violations, such as inadequate safety measures, failure to follow routing requirements, or even simply failing to have a copy of the DOT hazardous materials registration number, can result in significant penalties and heightened liability in the event of an accident.

For example, as of December 30, 2024, companies can receive penalties as high as $102,348 per day, per violation for hazardous materials violations and $238,809 per day, per violation for a violation resulting in death, serious illness, severe injury, or substantial property damage. As you can see, these costs add up quickly.

What Types of Damages Might Apply?

Beyond the DOT fines discussed above, those injured in trucking accidents involving hazardous materials may seek to recover economic damages, such as medical bills, property repairs, and lost wages.

Those injured may also seek to recover non-economic damages such as pain and suffering, emotional distress, and diminished quality of life. In cases of gross negligence or willful misconduct, courts may also award punitive damages to punish the wrongdoer and deter similar behavior. Punitive damages can be especially worrisome, as these kinds of damages often fall outside of insurance policies.

What Responsibilities Does My Company Have to the Environment?

Unique to accidents involving hazardous materials is the potential impact on the environment. A spill or leak can contaminate soil, water, and air, leading to environmental damages. For example, on February 24, 2025, a tractor-trailer transporting ammonia crashed on I-81 in Augusta County requiring a hazmat response before anyone could safely drive through the area due to safety concerns driven by ammonia in the air.

After such accidents, federal and state environmental agencies often become involved in the clean-up efforts and the costs associated with such efforts can be enormous. The drivers, trucking companies, material manufacturers, and any party found responsible for the contamination may be liable for these expenses.

What to Do Before a Hazardous Material Accident?

Accidents happen every day. It is not a matter of if one will occur, but when. What can your company do to prepare for the inevitable? Regulatory compliance is a huge area of focus, as trucks that properly load and transport these materials are far less likely to crash. Rigorous training for HAZMAT drivers is a top priority. While drivers already have to undergo significant training for a hazmat endorsement, it’s difficult to know exactly how they’ll react in the face of an actual accident. Hands-on training is a crucial component for companies that want disaster-ready drivers.

What to Do After a Hazardous Material Accident?

Drivers should immediately evacuate the area to reduce potential health risks stemming from exposure to hazardous materials, and then immediately notify their company. Emergency services should also be notified as soon as possible with as much detail of the accident, including what type of materials were involved in the accident.

The very next call should be to an attorney. Given the complexity of hazardous material accidents, securing experienced legal representation is vital. Attorneys with expertise in this area can help navigate the intricate web of regulations, liability issues, and insurance issues. They can also collaborate with experts, such as environmental scientists and accident reconstruction specialists.

Truck accidents involving hazardous materials present unique challenges that require a thorough understanding of legal, environmental, and personal consequences. If your company needs help with hazardous material compliance or has been involved in an accident while transporting hazardous materials, please contact Sean Barrick (sbarrick@setlifflaw.com) at (804) 377-1276, or Steve Setliff (ssetliff@setlifflaw.com) at 804-377-1261.