Oregon’s population is still growing, and our roads are getting more congested by the year. That means more tractor-trailers are driving in the state. All large, commercial vehicles present greater risk to passenger vehicle drivers and passengers. Common large vehicles on our roads and highways are dump and garbage trucks, tractor trailers, tanker trucks, flatbed trucks, and tow trucks.
Due to the large size and heavy weight of trucks, trucking accidents often result in serious, even fatal, injuries. If you or a family member have been involved in a trucking accident, then you should not hesitate to call an Oregon truck accident attorney to help you.
Taking the right steps during this time is crucial to protect your health, your rights, and your potential legal claim. Here’s what Oregon truck accident attorney recomends you should do in the days following a truck accident:
Seek Medical Attention Immediately. Your health is the top priority. Even if you don’t feel seriously injured, some injuries, like internal bleeding or concussion, tendon and spinal disk injuries may not be immediately obvious. This is partly because our bodies produce natural “pain killers” in high stress, painful situations. A medical professional can assess your condition and document any injuries, which is crucial for your health and for any legal claims. Visit your local emergency room, urgent care facility, or primary care provider (PCP) as soon as possible after an accident. Follow all medical advice and attend follow-up appointments. Keep copies of all medical records, bills, and prescriptions, as these will be important to give to your attorney.
The size and weight of tractor-trailers commonly cause serious injuries to regular drivers and their passengers. Some of the most common types of trucking crashes on the roads are:
Oregon has plenty of rainy driving conditions. Some truck drivers may lack the skill and experience to drive safely in wet weather. Fog can also cause many serious accidents. It is the responsibility of a commercial trucking license holder to drive carefully in poor weather.
People hurt in truck accidents often have serious injuries, as well as associated medical costs, loss of employment or wages, months of recovery, and permanent life-altering injuries and pain:
There are various types of compensation, also known as “damages.” Each injury, person, and claim are unique. It’s essential to work with an experienced truck accident attorney who can evaluate your specific situation and fight for the maximum compensation possible for the injuries and losses you’ve suffered. Some common damages are discussed below:
1. Medical Expenses. Medical expenses are often the most significant part of a truck accident claim. This includes all costs related to your medical care, both immediate and long-term. Examples of covered costs:
2. Lost Wages. If your injuries prevent you from working, you can claim compensation for the income you’ve lost as a result. This can include lost wages for the time you were unable to work due to the accident. Collect your pay stubs, tax returns, and employer statements can be used to substantiate your claim for lost wages.
3. Pain and Suffering. These damages compensate you for the physical pain and emotional distress caused by the accident and your injuries. There are many factors, like the severity of your injuries, the duration of your recovery, the impact on your quality of life, emotional distress like anxiety, depression, PTSD, and other psychological impacts that result from the truck accident.
4. Property Damage. If your vehicle or other personal property was damaged in the accident, you can seek compensation for the repair or replacement costs. Examples of property damage that could be claimed is vehicle repair or replacement, personal belongings that were damaged, such as electronics, car seats, equipment, luggage, etc. Your attorney can help you negotiate with the insurance company to ensure you receive fair compensation for property damage.
5. Loss of Consortium. Loss of consortium refers to the negative impact the accident has on your relationship with your spouse or family members. Typically, these damages are claimed by the spouse of the injured person, but in some cases, children or parents may also have a claim. This can include the loss of companionship, emotional support, affection, guidance, and sexual relations.
6. Punitive Damages. These damages are awarded in cases where the defendant’s conduct was especially reckless, malicious, or egregious. Unlike compensatory damages which aim to cover your losses, punitive damages are intended to punish the wrongdoer and deter the company or person (or other companies or persons) from engaging in similar behavior in the future. Oregon allows punitive damages in cases of extreme negligence or willful misconduct, but they are not commonly awarded and require clear and convincing evidence of the defendant’s wrongful misconduct.
7. Wrongful Death Damages. If a loved one was killed in a truck accident, certain family members may be able to file a wrongful death claim to seek compensation. Types of compensation can include funeral and burial expenses, loss of financial support, loss of companionship and emotional support, medical expenses incurred before death, etc. In Oregon, wrongful death claims can typically be brought by the deceased person’s spouse, children, parents, or the personal representative of the estate.
ASAP. Accident victims often wonder when the right time is to call a truck accident lawyer. The short answer is as soon as possible. Here’s why contacting an attorney promptly is crucial and what specific situations may make it especially important to seek legal help:
1. Immediately After the Accident Request a Free Consultation. The moments immediately following a truck accident are critical. Evidence can disappear quickly, and the insurance companies may begin their investigation right away. Be advised that the trucking company or driver may have a strong incentive to make evidence “disappear.” Having a lawyer on your side from the start ensures that your rights are protected.
2. When You Have Serious Injuries. Truck accidents often result in severe injuries, including head injuries, that can have long-term or permanent consequences. The more serious your injuries, the more complex your case will be, and the more compensation you may be entitled to. Please call us “right away” if you have serious injuries.
3. When Liability Is Unclear. Truck accidents often involve multiple parties, such as the truck driver, the trucking company, the manufacturer of the truck or its parts, and more. Determining who is at fault can be complicated and require professional assistance.
4. When the Insurance Company Contacts You. Insurance companies often try to minimize their payouts by offering quick settlements that are far less than what you may be entitled to. Early after an accident, you probably will have “no idea” if your injuries will fully heal or may be permanent. This is one reason why insurers often want to settle claims “fast and cheaply.” They may also use your statements against you. So be honest but “pay careful attention” to what you say. It is best to have an injury attorney “talk for you.”
5. When You’re Facing Financial Hardship. A truck accident can leave you with mounting medical bills, lost income, and other serious financial burdens. It’s crucial to ensure that you receive the money that you need to cover these expenses. Your family’s financial future may depend on this.
6. When the Trucking Company Is Involved. Trucking companies usually have legal teams and insurance adjusters who will work to protect their interests, not yours. They may try to shift blame, destroy evidence, or minimize their liability. You need to be represented by an attorney to “balance the scales.”
7. When You’re Unsure About Your Rights. Truck accident cases can be legally complex, and you may be unsure about your rights, the compensation you can claim or are due, or the legal process. Call us for a free consultation with our experienced legal counsel to answer your questions and explain your rights.
Most truck crash attorneys and their law firms, including our firm, Herron Law Firm, charge clients on a contingency fee basis on personal injury accident cases. This means that we are only paid if we collect money for you in a settlement or lawsuit. We are paid a percentage of what we collect for you. On a contingency basis, it is possible for anyone to afford to hire an injury lawyer. A contingency fee also provides all Americans with equal access to justice and competent representation as the trucking and insurance companies.
The contingency fee can range from 33% – 40% in most legal cases, depending on when and how the case is concluded. Even when a client pays a contingency fee at the end of a case, the skill of the trucking accident attorney almost always results in much higher compensation than if the injured party attempted to take on the case alone.
One of the key questions you are likely asking is, “How much is my case worth?” The value of a rear-end truck accident claim can vary significantly depending on several factors. While it’s impossible to give an exact figure without knowing the specific details of your case, here are some of the factors that will influence the value of your claim:
1. Severity of Injuries. The more severe your injuries, the higher the potential value of your claim. This includes both physical injuries and the long-term impact on your health and quality of life. Minor injuries like whiplash might result in lower settlements. Severe injuries, such as spinal cord damage, traumatic brain injury, or broken bones, typically result in higher compensation.
2. Medical Expenses. All medical costs related to the accident are a major component of your claim. This includes both current and future medical expenses, like ER visits, hospital stays, surgeries, follow-up care, PT and other rehabilitation, and any necessary medical equipment as well as future medical costs if you require ongoing treatment or long-term care.
3. Lost Wages and Loss of Earning Capacity. If your injuries prevent you from working, you can claim compensation for lost wages. If you are unable to return to work or must take a lower-paying job, you can also seek compensation for the loss of earning capacity, wages lost during recovery, loss of future earnings if your ability to work is permanently affected, as well as benefits and bonuses that you would have earned if you had not been injured.
4. Pain and Suffering. Pain and suffering refers to the physical pain and emotional distress caused by the accident and your injuries. These damages are often significant in rear-end truck accidents, especially if the injuries are severe. Things that considered are the extent and duration of your physical pain, emotional distress, such as anxiety, depression, or PTSD, Impact on your ability to enjoy life or perform daily activities.
5. Property Damage. You can seek compensation for any property damage resulting from the accident, including the repair or replacement of your vehicle and damages to personal belongings inside the vehicle at the time of the accident
6. Degree of Negligence. The value of your claim may be higher if the truck driver or trucking company was particularly negligent. For example, if the driver was speeding, distracted, or driving under the influence, these factors can increase the value of your claim.
7. Liability. If liability is clear and rests solely with the truck driver or trucking company, your claim may be worth more. However, if there is any question about who was at fault, this can impact the value of your claim. Oregon follows a comparative negligence rule, meaning if you are found partially at fault for the accident, your compensation may be reduced by the percentage of your fault.
8. Insurance Coverage Available or Policy Limits. The amount of insurance coverage available is another critical factor. Oregon requires commercial trucks to carry higher insurance limits than passenger vehicles, which can result in higher settlements or awards..
9. Your Truck Accident Lawyer. Having an experienced truck accident attorney can significantly impact the value of your claim. An attorney can help you gather evidence, negotiate with insurance companies, and ensure you pursue all possible avenues for compensation. Your attorney can help you avoid common pitfalls, such as accepting a low initial settlement offer, and work to maximize the compensation you receive.
Determining who can be held responsible is a job of Oregon truck accident lawyer because it is a critical step in pursuing a legal claim for compensation. Unlike car accidents, truck accidents often involve multiple parties who may share liability.
1. Truck Driver. The truck driver is often the first party considered in a truck accident. If the driver was negligent—such as by speeding, driving under the influence, or failing to follow traffic laws—they can be held responsible for the accident.
2. Trucking Company. The trucking company may be liable if they failed to properly train their drivers, pressured drivers to meet unrealistic deadlines, or neglected to maintain the vehicles properly.
3. Cargo Loaders or Shippers. If the accident was caused by improperly loaded or secured cargo, the company responsible for loading the truck may be liable. Overloading, uneven loads, or unsecured cargo can lead to dangerous situations such as rollovers or spillage on the road.
4. Truck or Parts Manufacturers. If a defect in the truck or one of its parts contributed to the accident—such as a brake failure or tire blowout—the manufacturer or designer of the truck or part may be held liable.
5. Maintenance Providers. Regular maintenance is crucial for the safe operation of a truck. If the accident was due to improper or inadequate maintenance, the company or individual responsible for servicing the truck may be liable.
6. Government. If poor road conditions or inadequate signage contributed to the accident, the government entity responsible for maintaining the roadway might be liable.
7. Other Drivers. In some cases, another driver’s actions may have led to the truck accident. If another motorist’s negligence caused or contributed to the accident, they might also be held liable.
“A personal injury case involving a crash with a tractor-trailer presents unique legal issues. Tractor-trailer drivers must follow several state and federal regulations. It is extremely important to protect and preserve all-important evidence, find, and interview every witness, photograph and measure roads and distances, etc. Important evidence will be lost or just simply destroyed. The trucking company and their insurance representatives will be working hard to protect themselves, so should you. If the evidence is lost, so could be your case.” – Attorney Bart Herron
The Federal Motor Carrier Safety Administration (FMCSA) has established strict regulations on how long truck drivers can be on the road before they must take a break. These regulations are known as Hours of Service (HOS) rules.
1. 11-Hour Driving Limit. A truck driver is allowed to drive a maximum of 11 hours after 10 consecutive hours off duty.
2. 14-Hour Limit. A driver may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. This 14-hour window includes driving time as well as time spent on other work-related activities.
3. 30-Minute Break Requirement. After driving for 8 cumulative hours without at least a 30-minute interruption, a driver must take a break.
4. 60/70-Hour Limit. Drivers are limited to 60 hours of driving within a 7-day period or 70 hours within an 8-day period.
Answers to new truck accident questions will appear here.
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Liability is based on the idea that every person on the road has a certain set of responsibilities while driving. As a car driver, you are liable for ensuring that the way you drive is ‘reasonable’ according to state and federal laws. It also means you have a legal duty to all drivers and pedestrians to exercise ‘reasonable care’ for their safety.
A tractor-trailer driver has an even higher level of responsibility. He or she has a commercial driver’s license, so they have a higher obligation to drive in a safe manner. Your Oregon trucking accident attorney will determine if the truck driver was negligent and caused your injuries, who was at fault in the accident and to what degree, and much more. Once this information is obtained, you can determine if it is in your interest to file a claim against the trucking company.
If your accident happened in Oregon, it is important to understand this state’s negligence laws. Oregon has a modified comparative negligence standard. If you are partially responsible for the trucking accident, the damages you recover will be reduced by your degree of liability. But you can still collect damages as long as the fault attributed to your is not 51% or more.