Chemical Spill

[JamesWhitney]

A large truck (Class 7 or 8) drove off the road accidentally near our house and a tank fell off its flatbed that leaked thousands of gallons of liquid onto the soil. This tank also took out part of our fence. I didn't see the accident and only witnessed the damage hours after I got home from work. The truck driver came by that night to tell us what happened and that he would pay for the damages. He said it was his teenage daughter's first time driving the truck and that's why the accident happened. I took his contact info and said I would get pricing on the repairs and let him know. Our neighbor Jim, stopped by later that night and said he witnessed the accident. Apparently the police were not called due to the insistence of the truck owner saying no one was else involved and there were no injuries. Jim sent me many pictures of the truck, tank and items that fell off the flatbed when the accident happened. As I walked around the area, I noticed a chemical smell. When I texted the truck owner, he said the 5000 gallon tank was full of potable water and two 5 gallon plastic containers of gas were spilled, but nothing else. Jim said he suspected there were chemicals that leaked. Jim helped them reload their items that fell out of the truck after they pulled the truck and tank out of the ditch with another large vehicle they had. Jim rinsed his hands in the "potable" water since the truck owner said that was fine and there were no chemicals in it. Jim had a reaction to it, itching, burning, eye pain and even after a shower, was still suffering the effects. I contacted the truck owner again. He said there was a container of adjuvant for the uniform distribution of soil applied pesticides and nutrients that spilled but he could drink a glass of it with no ill affects (he called it orange juice). He provided the information on it (label). Several days later, my trees in the area started dying. This was in the area where the potable water drained and at least 60 feet from the area where gas leaked. The tank rolled down the hill, through the fence and into my yard. After researching the adjuvant and discussing it with soil remediation experts, this adjuvant could not have caused the tree damage. Two soil remediation companies quoted $18,000+ to test and clean up the area. When I told the truck owner the remediation had to be done by a professional and the pricing, he said "I will pay for 5 yards of gravel, your fence repair and replace your trees. That's it." The Environmental Protection Agency has been contacted but soil test results will take 10 business days before we know what is there. Is my next action to hire an attorney (what practice area?) and work to resolve the issue in a civil court? We will need to pay the remediation costs ourselves since we don't want the damage to spread when it rains and it is close to our well. Any insight is appreciated to help navigate this. Thanks.

 

[Just Blue]

A large truck (Class 7 or 8) drove off the road accidentally near our house and a tank fell off its flatbed that leaked thousands of gallons of liquid onto the soil. This tank also took out part of our fence. I didn't see the accident and only witnessed the damage hours after I got home from work. The truck driver came by that night to tell us what happened and that he would pay for the damages. He said it was his teenage daughter's first time driving the truck and that's why the accident happened. I took his contact info and said I would get pricing on the repairs and let him know. Our neighbor Jim, stopped by later that night and said he witnessed the accident. Apparently the police were not called due to the insistence of the truck owner saying no one was else involved and there were no injuries. Jim sent me many pictures of the truck, tank and items that fell off the flatbed when the accident happened. As I walked around the area, I noticed a chemical smell. When I texted the truck owner, he said the 5000 gallon tank was full of potable water and two 5 gallon plastic containers of gas were spilled, but nothing else. Jim said he suspected there were chemicals that leaked. Jim helped them reload their items that fell out of the truck after they pulled the truck and tank out of the ditch with another large vehicle they had. Jim rinsed his hands in the "potable" water since the truck owner said that was fine and there were no chemicals in it. Jim had a reaction to it, itching, burning, eye pain and even after a shower, was still suffering the effects. I contacted the truck owner again. He said there was a container of adjuvant for the uniform distribution of soil applied pesticides and nutrients that spilled but he could drink a glass of it with no ill affects (he called it orange juice). He provided the information on it (label). Several days later, my trees in the area started dying. This was in the area where the potable water drained and at least 60 feet from the area where gas leaked. The tank rolled down the hill, through the fence and into my yard. After researching the adjuvant and discussing it with soil remediation experts, this adjuvant could not have caused the tree damage. Two soil remediation companies quoted $18,000+ to test and clean up the area. When I told the truck owner the remediation had to be done by a professional and the pricing, he said "I will pay for 5 yards of gravel, your fence repair and replace your trees. That's it." The Environmental Protection Agency has been contacted but soil test results will take 10 business days before we know what is there. Is my next action to hire an attorney (what practice area?) and work to resolve the issue in a civil court? We will need to pay the remediation costs ourselves since we don't want the damage to spread when it rains and it is close to our well. Any insight is appreciated to help navigate this. Thanks.

What state? Did you report this to your insurance company?

 

[JamesWhitney]

What state? Did you report this to your insurance company?

Idaho, I have not reported it to my insurance company yet.

 

[adjusterjack]

Idaho, I have not reported it to my insurance company yet.

Be prepared to be disappointed. The standard homeowner's policy does not cover land.

At best your trees (limited) and your fence may be covered since the damage was caused by a vehicle.

Meantime, I suspect that the truck owner probably doesn't have any insurance that would cover your costs.

Did he reveal an insurance company to you yet?

 

[quincy]

A large truck (Class 7 or 8) drove off the road accidentally near our house and a tank fell off its flatbed that leaked thousands of gallons of liquid onto the soil. This tank also took out part of our fence. I didn't see the accident and only witnessed the damage hours after I got home from work. The truck driver came by that night to tell us what happened and that he would pay for the damages. He said it was his teenage daughter's first time driving the truck and that's why the accident happened. I took his contact info and said I would get pricing on the repairs and let him know. Our neighbor Jim, stopped by later that night and said he witnessed the accident. Apparently the police were not called due to the insistence of the truck owner saying no one was else involved and there were no injuries. Jim sent me many pictures of the truck, tank and items that fell off the flatbed when the accident happened. As I walked around the area, I noticed a chemical smell. When I texted the truck owner, he said the 5000 gallon tank was full of potable water and two 5 gallon plastic containers of gas were spilled, but nothing else. Jim said he suspected there were chemicals that leaked. Jim helped them reload their items that fell out of the truck after they pulled the truck and tank out of the ditch with another large vehicle they had. Jim rinsed his hands in the "potable" water since the truck owner said that was fine and there were no chemicals in it. Jim had a reaction to it, itching, burning, eye pain and even after a shower, was still suffering the effects. I contacted the truck owner again. He said there was a container of adjuvant for the uniform distribution of soil applied pesticides and nutrients that spilled but he could drink a glass of it with no ill affects (he called it orange juice). He provided the information on it (label). Several days later, my trees in the area started dying. This was in the area where the potable water drained and at least 60 feet from the area where gas leaked. The tank rolled down the hill, through the fence and into my yard. After researching the adjuvant and discussing it with soil remediation experts, this adjuvant could not have caused the tree damage. Two soil remediation companies quoted $18,000+ to test and clean up the area. When I told the truck owner the remediation had to be done by a professional and the pricing, he said "I will pay for 5 yards of gravel, your fence repair and replace your trees. That's it." The Environmental Protection Agency has been contacted but soil test results will take 10 business days before we know what is there. Is my next action to hire an attorney (what practice area?) and work to resolve the issue in a civil court? We will need to pay the remediation costs ourselves since we don't want the damage to spread when it rains and it is close to our well. Any insight is appreciated to help navigate this. Thanks.

First, your neighbor Jim should see a doctor, if he hasn’t already, and he should consult with a personal injury attorney to discuss his reaction to the spill. The attorney consultation should be free.

You should report the entire incident and the fence and tree damage to your insurer.

A police report should have been made at the time of the accident, even if the one who caused the accident didn’t want it reported. You should report the accident now.

You mentioned the EPA but you can/should also file a report with your state about your environmental concern (https://www.deq.Idaho.gov/about-us/contact-us/report-an-environmental-concern/).

You can wait to hear from both the State and the EPA but, while waiting for information and the test results, you can also consult with an environmental attorney. The initial consultation should be free.

https://isb.idaho.gov/public-resources/

 

[JamesWhitney]

First, your neighbor Jim should see a doctor, if he hasn’t already, and he should consult with a personal injury attorney to discuss his reaction to the spill. The attorney consultation should be free.

You should report the entire incident and the fence and tree damage to your insurer.

A police report should have been made at the time of the accident, even if the one who caused the accident didn’t want it reported. You should report the accident now.

You mentioned the EPA but you can/should also file a report with your state about your environmental concern (https://www.deq.Idaho.gov/about-us/contact-us/report-an-environmental-concern/).

You can wait to hear from both the State and the EPA but, while waiting for information and the test results, you can also consult with an environmental attorney. The initial consultation should be free.

https://isb.idaho.gov/public-resources/

I called the police but they said since it was days after the event happened, the vehicles were gone and they couldn't substantiate who was driving the truck so they can't help or file a report. I will contact my insurer. Jim said they hooked up the truck and the tank within 10 minutes of the event. Another truck was traveling with this one to the fields so even if someone had called the police when it happened, unfortunately they wouldn't have gotten there in time. We are very rural and far from the more populated area where police usually patrol (20+ minute drive. I will contact DEQ as well. Thank you.

 

[JamesWhitney]

Be prepared to be disappointed. The standard homeowner's policy does not cover land.

At best your trees (limited) and your fence may be covered since the damage was caused by a vehicle.

Meantime, I suspect that the truck owner probably doesn't have any insurance that would cover your costs.

Did he reveal an insurance company to you yet?

I found out from Jim that he farms thousands of acres in this area and is very wealthy. He told me "he doesn't use insurance" but due to the size of his farming operation, he likely has insurance but doesn't want to use it. One of my other neighbors said he could easily write a check for over $20k to cover the damages. Just a few minutes ago he sent me a text that says "Contact my lawyer" and provided her information. He has been trying to call me and also stopped by my house. I decided it was best to not speak with him until I can determine if a lawyer is needed.

 

[quincy]

I think you are smart to talk to a lawyer first.

Good luck.

 

[adjusterjack]

he sent me a text that says "Contact my lawyer" and provided her information.

Frankly, I'd start there and see which way the wind is blowing. You don't have to commit to anything.

But that's up to you.

 

[quincy]

Contacting a lawyer does not mean you can’t also contact DEQ at the same time. These involve different areas of concern.

 

[JamesWhitney]

Update - Jim saw his Doctor and is still suffering ill effects. He is being treated but his Doctor needs to know what poison he was exposed to. I woke up the morning after the accident with a moderate sore throat. I thought it was the beginning of a cold but every morning since this happened I have the same raw feeling that doesn't dissipate until the afternoon. It's not turning into a normal cold. My wife and I walked around the spill that evening for about 15 minutes and she's noticing the throat problem too. I found a PI attorney who has property damage and an agriculture background but won't be able to talk to him until next week. The tank ,that still likely has some full strength residual liquid in it, sits across the street. I wish we could get a sample out of it so we know what to tell our Doctors. The poison in my soil is likely dissipating and won't as easy to test. Maybe I should present this to the police in a different way so they can intervene and help us while the tank is still accessible?

 

[JamesWhitney]

Contacting a lawyer does not mean you can’t also contact DEQ at the same time. These involve different areas of concern.

I am also contacting the Highway District and the County. The remediation companies said they both need to be involved as well. Thanks for the advice.

 

[quincy]

I am also contacting the Highway District and the County. The remediation companies said they both need to be involved as well. Thanks for the advice.

Knowing what the chemicals are that spilled is vital as this will be what drives any legal action you consider, beyond the property damage (fence, trees). You will want experts out to preserve the contents of the tank, this in addition to soil and water samples.

Everyone whose health possibly has been affected by exposure should also see doctors for medical testing.

Good luck.

 

[JamesWhitney]

Knowing what the chemicals are that spilled is vital as this will be what drives any legal action you consider, beyond the property damage (fence, trees). You will want experts out to preserve the contents of the tank, this in addition to soil and water samples.

Everyone whose health possibly has been affected by exposure should also see doctors for medical testing.

Good luck.

We are concerned they will move the tank this weekend. Do you think the police could stop it? Or would that require a judge ordering it be preserved as evidence?

 

[quincy]

We are concerned they will move the tank this weekend. Do you think the police could stop it? Or would that require a judge ordering it be preserved as evidence?

Neither you nor the police can prevent the tank owner from retrieving the tank. You will need a court order. You already have soil and water samples being tested, correct?