Oregon Truck Accident Attorney
From the snow-capped forests of the Cascade Mountains, across the rolling high desert, the Willamette Valley, through the busy streets of Portland, and all the way to the Pacific Ocean, the vast expanse of Oregon’s highways is the trucking lifeline of goods and services for the people of the Pacific Northwest.
Unfortunately, along with this constant flow of commerce come the inevitable accidents and crashes involving commercial vehicles. These truck accidents can be devastating, leaving victims grappling with injuries, financial losses, and legal complexities.
When facing such challenging circumstances, seeking the guidance of an experienced Oregon truck accident lawyer becomes crucial.
At Trucking Injury Law Group, our legal professionals can help you navigate the aftermath of truck accidents and secure the compensation and justice victims deserve.
Understanding Truck Accidents in Oregon
Before delving into the legal aspects, it’s crucial to understand the dynamics of truck accidents in Oregon.
Oregon’s Department of Transportation reports that in 2021, there were:
- 62 Truck Crash Fatalities
- 360 Non-Fatal Injury Crashes (requiring emergency transportation)
- 1,146 Non-Injury Property Damage Only Crashes
The most common of these fatal crashes were head-on collisions, making up nearly 30% of all accidents.
Common Causes of Truck Collisions
With its extensive network of highways and bustling commercial activity, our state sees its fair share of truck-related incidents. When an Oregon truck accident lawyer takes on your case, they will need to consider which of the following factors contributed to your accident:
Service Hours Violations
The typical work day for a truck driver can mean upwards of 11 hours of driving time. Those service hours are set by the Federal Motor Carrier Safety Administration (FMCSA), and a truck driver needs to log those hours to prove compliance. Unfortunately, even with those restrictions in place, truck drivers can still experience fatigue, but that is worse if they break the rules. That could demonstrate negligence and involve the trucking company that compelled them to break the rules.
Driving Under the Influence
A driver who is found to have a blood alcohol content of .08 is considered to be legally intoxicated. However, with a truck driver, that level goes down to .04. Those higher standards reflect how dangerous it would be for a truck driver to operate an 80,000-pound rig without full control of their faculties.
Improperly Loaded Cargo
If there is a water bottle on the floor of your car, it will roll around while driving. Imagine stacks of heavy cargo on the back of a semi-truck. An improperly packed cargo could shift and cause the truck to tip over on a sharp curve or incline. In those situations, the crew who loaded the truck could be held partially at fault in the accident.
Improper Vehicle Maintenance
Along with the service hours and cargo packing regulations, there are requirements for maintaining the trucks. That begins with a driver’s responsibility to inspect their rig before every trip. Trucking companies are also responsible for providing repair and upkeep of their fleet. Failure to maintain a truck can lead to problems with the brakes and other systems that could cause a crash.
Negligent Hiring and Training
A person with a good driving record can start a ride-share operator job. However, you can’t simply go from SUVs to 18-wheelers without additional training. A trucking company must ensure its drivers have undergone the training and certification process required by state and federal laws. Truck drivers should not be on the road with a suspended license or a long list of driving citations and violations. A trucking company can be held liable for negligent hiring and training.
Types of Truck Accidents
Several types of truck accidents occur frequently on Oregon’s roads and highways. Some of the most common include:
- Rear-End Collisions: These occur when a truck strikes the vehicle in front of it. They can happen for various reasons, including distracted driving, tailgating, or sudden stops.
- Jackknife Accidents: This occurs when a truck’s trailer swings out to the side, resembling the angle of a folding jackknife. It typically happens when the truck driver brakes suddenly or loses control, often on slippery roads or due to equipment failure.
- Underride Accidents: These accidents happen when a smaller vehicle gets wedged underneath the trailer of a truck. They can result in severe injuries or fatalities for the occupants of the smaller vehicle. Underride accidents often occur due to inadequate underride guards on trucks or sudden stops by the truck driver.
- Rollover Accidents: Rollover accidents involve a truck tipping onto its side or roof. They can happen due to speeding, sharp turns, uneven road surfaces, or overloading. Rollover accidents can cause significant damage and injuries to both the truck driver and other vehicles on the road.
- Blind Spot Accidents: Trucks have large blind spots, especially on the sides and rear. Accidents can occur when a truck driver fails to see a vehicle in these blind spots and makes a lane change or turn, resulting in a collision.
- Wide Turn Accidents: Trucks require more space to make turns than smaller vehicles. When truck drivers fail to account for this and make wide turns, they can collide with vehicles in adjacent lanes or clip objects on the roadside.
- Tire Blowouts: Tire blowouts on trucks can lead to loss of control and accidents. Improper maintenance, overloading, or road hazards can contribute to tire blowouts.
- Brake Failure Accidents: Brake failure can occur for various reasons, including inadequate maintenance, defective parts, or driver error. When a truck’s brakes fail, it can lead to a serious accident, especially on steep grades or crowded highways.
These are just a few examples of common types of truck accidents. Each type can result in serious injuries, fatalities, and extensive property damage.
The Importance of Legal Representation
Hiring a truck accident lawyer in Oregon can help you navigate the legal process, protect your rights, and increase your chances of receiving the justice you deserve after a devastating accident.
The benefits of professional guidance can also include:
- Legal Expertise: Truck accidents involve a complex web of state and federal regulations governing the trucking industry. Understanding and applying these laws requires specialized knowledge, from hours-of-service rules to vehicle maintenance standards. A skilled lawyer can navigate these complexities on behalf of their clients, building a strong case for compensation.
- Investigation: Truck accidents often require extensive investigation to determine liability. A lawyer will have the resources and experience to conduct a thorough investigation, including gathering evidence, interviewing witnesses, and reconstructing the accident scene.
- Negotiation: Following a truck accident, victims often find themselves up against powerful insurance companies and legal teams representing the trucking companies. Having your own lawyer levels the playing field and ensures you have someone fighting for your best interests during negotiations. They can negotiate with insurance companies on your behalf to secure fair compensation for your injuries and damages. A truck accident attorney serves as a trusted advocate for your rights, ensuring you’re not taken advantage of during negotiations.
- Court Representation: If a fair settlement cannot be reached through negotiation, your lawyer will represent you in court. They will build a strong case, present evidence, and argue on your behalf to maximize your chances of a favorable outcome.
- Maximize Compensation: A truck accident lawyer will assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future expenses. They will ensure you receive fair compensation covering all your current and future needs.
The Legal Process
The journey toward obtaining compensation begins with thoroughly investigating the accident scene.
Lawyers work alongside accident reconstruction experts and investigators to gather crucial evidence, such as witness statements, black box data, and vehicle damage assessments.
Armed with compelling evidence, your lawyer enters into negotiations with the insurance company or opposing legal counsel. While the best-case scenario is usually a fair settlement out of court, they remain prepared to take the case to trial if necessary to ensure you receive just compensation for your losses.
Challenges and Considerations
In Oregon, there is a limited timeframe within which accident victims can file a lawsuit, typically two years, known as the statute of limitations. Missing this deadline can result in losing your rights to seek compensation. This is a big reason for prompt consultation with a truck accident lawyer to ensure you avoid such pitfalls.
Also, Oregon follows the modified comparative negligence rule, meaning that even if the victim shares some degree of fault for the accident, they may still be able to recover damages.
However, the amount of compensation may be reduced based on the percentage of fault attributed to them. Understanding and utilizing these shared fault laws requires skilled legal representation.
An Oregon Truck Accident Lawyer Is Here to Guide You
Navigating the aftermath of a truck accident in Oregon is a daunting task, but it’s not one that you need to face alone. With the support and expertise of an experienced truck accident lawyer, you can seek the compensation and justice you rightfully deserve.
From conducting thorough investigations to advocating for clients’ rights in negotiations or courtrooms, the legal professionals at Trucking Injury Law Group can play a crucial role in helping you and your family rebuild your lives and move forward with confidence.
If you or a loved one has been involved in a truck crash in Oregon, don’t hesitate to contact us today for your free consultation.
Our Oregon truck accident lawyer is here to fight on your behalf.
