Lake Oswego Truck Accident Attorney

Oregon Truck Accidents Are Often the Result of Negligence

Every truck accident is unique. But there are some common scenarios that we see in these kinds of crashes. In many cases, the underlying cause of an accident can be traced back to negligence on the part of the truck’s driver or owner.

Here are just a few ways in which driver/owner negligence can lead to a serious truck accident:

• Ignoring Hours of Service Rules: Trucking companies often push their drivers to meet tight delivery schedules. In turn, this can lead drivers to stay on the road too long without resting. The federal government and the State of Oregon both impose strict “hours of service” rules that limit how many consecutive hours a truck driver can work without taking a certain number of hours off. Any driver who ignores these rules risks driving while fatigued and creating a dangerous situation for everyone on the road.
• Drug and Alcohol Abuse: Drunk driving is never acceptable for anyone who operates a motor vehicle. This is especially critical when it comes to commercial truck drivers. That is why all commercial truck drivers are subject to drug and alcohol testing. Any commercial trucking company must have a testing program in place. A company that fails to identify a driver who later goes on to cause a drunk driving accident can face serious financial liability.
• Distracted Driving: Even when a driver is not under the influence of drugs or alcohol and gets all of their mandatory rest, the long hours on the road can still lead their mind to wander. A commercial truck driver who is looking at their phone, or otherwise failing to keep their eyes on the road, is just as liable to cause a serious accident as a fatigued or drunk driver.
• Inadequate Loading of Cargo: A commercial truck is more than a cab and a trailer. It also commonly includes a substantial amount of cargo as well. All cargo must be properly inspected and secured before a truck heads out onto the highway. Improperly secured cargo can become loose during transport and either cause the truck’s center-of-gravity to shift–leading the driver to lose control–or spill off of the truck altogether, creating a significant roadway hazard.
• Lack of Proper Maintenance: Commercial 18-wheelers are complex vehicles that are frequently subjected to multiple days of continuous operation on the highway. These trucks need to be regularly inspected and maintained to ensure their continued safe operation. Taking “shortcuts” with truck maintenance often means the failure of a critical part while a driver is making a delivery.

Oregon is an “at-fault” state when it comes to commercial trucking accidents. This means that if an accident victim can prove that a truck driver, trucking company, or third party’s negligence caused a crash, those persons or entities can be held financially responsible for a victim’s damages.

At the same time, Oregon also follows a “comparative negligence” rule in personal injury cases. This allows a defendant in a truck accident lawsuit to try to shift blame to other persons–including the plaintiff. And if a court determines that a plaintiff was somehow partly at-fault for a truck accident, their financial recovery will be reduced in proportion to their share of the fault.

Available Damages in Oregon Truck Accident Lawsuits

Compared to most car accidents, damages in truck accident cases are often far more substantial in their size and scope. Damages is the legal term that refers to a victim’s losses as the result of an accident. Oregon law divides compensatory damages into two categories:

• Economic Damages: This category covers your out-of-pocket losses that can be readily quantified, including your medical bills, lost income, and damage to your car or other personal property. It also covers any estimated future losses, such as your need for future rehabilitation or your diminished earning capacity if you cannot return to your pre-accident line of work.
• Non-Economic Damages: This category covers intangible losses, including pain and suffering and loss of enjoyment of life, as well as compensation for certain permanent effects of an accident like disfigurement.

In some cases, an Oregon jury may also award punitive damages in a truck accident case. Punitive damages are not meant to compensate the victims for their losses. Instead, they are designed to “send a message” that certain reckless, malicious, or outrageous conduct will not be tolerated. Under Oregon law, a plaintiff only takes home 30 percent of any award of punitive damages, with the remainder going to the State of Oregon.

Speak with Lake Oswego Truck Accident Attorney Lance D. Youd Today

Oregon has a two-year statute of limitations in truck accident cases. That does not give you much time to conduct a full investigation into a complex commercial trucking crash and take the necessary legal action to secure your rights. It is therefore critical to engage a qualified Lake Oswego truck accident attorney as soon as possible. Contact Attorney Lance D. Youd today at (503) 399-9067 to schedule a free case review.