Semi Truck Flips Over and Spills 1,000 bags of Sweet Potatoes Across Road May 12, 2009

As a personal injury attorney in Daytona Beach, I see all sorts of car accident cases.   Still this is the first time I have heard about a truck over turning and a thousand bags of sweet potatoes spilling onto the road.   Luckily only the driver was injured in the accident and his injuries were minor.  It must have been quite a cleanup.   If this had happened during rush hour there may have been a catastrophy. 

The driver said that he swerved in an attempt to dodge a large animal in the road.  However, a witness said that the truck had been swerving from lane to lane.   Although I rarely hear about 1,000 bags of sweet potatoes spilling out onto the road, semi trucks flip everyday spilling their loads onto Florida’s interstates.  When I drive on the interstate I am especially cautious, when a gas tanker pulls along side of me.   If a gas tanker flips,  there is potential for an extreme catastrophy. 

The transportation of gasoline on roadways is so dangerous that it may result in strict liabilty if a gas tanker crashes and causes harm.   Strict liability is a legal doctrine that says a person can be liable for damage even if the person was not negligent in any way.  Strict liability can arise when an individual is involved in an abnormally dangerous activity or an ultra-hazerdous activity.   There are certain factors to consider when determining whether or not an activity is abnormally dangerous, but one can see that putting a truck filled with thousands of pounds of gasoline onto the interstate system has the potential for horrible consequences.

I believe that a gas compay should be held liable for injuries caused by an exploding gas tanker regardless of whether or not the driver actually did anything wrong.  Simply putting the tanker on the roadways is so dangerous that if an accident happens the gas company should be held strictly liable.