Get Fair Compensation for Your Injuries
Why You Need a Portland Truck Accident Lawyer
Despite the recent 16% drop in traffic deaths in Portland last year, experts believe it is still considerably higher than the statistics compared to those during pre-pandemic. In 2024 alone, 14 of the 25 pedestrian and bicyclist deaths involved a collision with larger vehicles, specifically commercial trucks.
Accordingly, accidents that involve trucks and other similar large vehicles often demonstrate a higher level of severity during crashes. As such, individuals suffering personal injuries in truck accidents often endure more grave injuries or, in the worst-case scenario, fatalities, when compared to collisions involving sedans or other smaller vehicles.
If you find yourself involved in a truck accident case, you can manage the necessary paperwork when filing a claim by yourself. However, the process is so complex that if you miss a specific detail, you may lose your right to a claim. This is why most people injured in commercial truck crashes hire an experienced attorney who specializes in truck accident cases.
These truck accident lawyers represent and assist people involved in accidents with large commercial trucks. They help victims navigate the complex legal situation associated with securing the compensation they deserve for the damages they sustained from the accident.
Common Causes of Truck Accidents in Portland
Motor vehicle accidents involving a large commercial vehicle such as a truck or semi-truck are a common occurrence on the roads of America. Accordingly, truck drivers face the same risks as in common car accident cases. However, due to the size and weight of these vehicles, the damage can be more severe.
The common situations that often cause truck accidents in Portland include:
- Negligence of truck drivers, either through unnecessary speeding or reckless driving.
- Driver fatigue
- Negligence of trucking companies failing to follow safety regulations or forcing unsafe driving hours.
- Failing to follow federal trucking regulations on maintenance, leading to truck wrecks.
- Commercial trucking industry pressures that contribute to unsafe driving practices.
Types of Truck Accidents & Injuries in Oregon
Accidents involving large trucks are on a different legal level than the standard ones. Considering that trucks are larger, heavier, and often carry cargo on their trips, the potential for damage and injury is significantly higher.
Here are some of the most common truck accidents that occur on the roads of Portland today:
- Accidents involving semi-trucks that include jackknifing, underride, rollover, and lost-load incidents, each presenting unique challenges and dangers.
- Accidents involving commercial trucks, especially those involving multiple passenger vehicles, usually result in multiple person injuries and significant property damage.
- Accidents involving trucks traveling at high speeds, especially when they happen within cities or urban areas.
Common Truck Accident Injuries:
These above-enumerated accidents involving trucks often inflict a different level of scale and magnitude of impact as compared to common car accidents, primarily due to their size and weight. Accordingly, the aftermath typically involves more severe injuries.
In a motor vehicle accident involving trucks, here are some of the most common injuries:
Traumatic Brain Injuries (TBIs) and Spinal Cord Injuries
Due to the size and weight of trucks, personal injury victims may suffer traumatic brain injuries upon impact.
Traumatic brain injuries result from a violent blow to the head. This injury may occur if debris or fallen objects from a truck’s cargo strike the victim’s head, causing skull fractures, brain bruising, or internal bleeding.
Aside from traumatic brain injuries, spinal cord injuries may also occur as a result of trauma. The most common spinal cord injury from a truck accident involves a ruptured or herniated spinal disc that can lead to crippling effects on mobility and sensation.
Severe Injuries Like Fractures, Burns, and Internal Damage
Aside from traumatic brain injuries and spinal cord injuries, fractures may also result from the forceful impact. Victims often suffer fractures to their arms, legs, ribs, and pelvis, which may all require surgical intervention and rehabilitation.
Apart from fractures, victims of accidents involving trucks may also suffer from burns and internal damage. This happens when the trucks and other vehicles involved carry flammable items, leading to fires and explosions.
These common injuries that can be sustained from accidents involving trucks often require extensive medical treatment.
For traumatic brain injuries, treatment modalities vary based on their severity. However, in the most severe cases, it may involve craniotomy or craniectomy, resulting in extensive recovery and medical care. With spinal cord injuries, it may escalate to paralysis depending on the severity of the damage. In most cases, it may require extensive, long-life rehabilitation and medical care.
For fractures, surgical intervention is often required, depending on the severity of the broken bones. With burn injuries, it involves extensive medical treatment, such as skin grafts or reconstructive surgery, to restore function and improve the appearance of body parts.
Who Is Liable in an Oregon Truck Accident Case?
Commercial truck accidents are often characterized as a complex process. Unlike usual common ones, accidents involving trucks involve a lot of parties, not just the driver but also the trucking company that employs them. Additionally, when multiple vehicles are involved in the collision, it may involve multiple injured families.
As such, let us explore the various liabilities in a truck accident in Oregon:
Negligent Trucking Companies vs. Truck Drivers
One must understand that truck drivers do not often work for themselves. In most cases, they are usually employed by a trucking company.
As such, trucking companies can be made liable if it is proven that they were negligent in conducting the training and hiring processes of their drivers. Aside from negligence in the training and hiring process, a trucking company may also be held liable if it is proven that there is inadequate supervision over truck drivers.
Additionally, trucking companies may also be held liable when they commit hours-of-service violations. The Federal Motor Carrier Safety Administration (FMCSA) provides driving limit rules when it comes to property-carrying interstate truck drivers. If it is proven that the trucking company failed to provide its trucking drivers with the necessary driving breaks and has not properly observed driving limits, it will be held liable.
In addition to hours-of-service violations, a trucking company can be held liable if it fails to properly secure cargo on its trucks and truck tractors. Proper cargo load securement is necessary to avoid incidents of tilting and flipping of trucks.
Additionally, a trucking company may also be held liable if it fails to conduct proper safety inspections of its trucks, semi-trucks, and truck tractors. Conducting a proper safety inspection is a requirement for trucking companies to avoid mechanical defects and failures, especially when the truck is in transit.
If the trucking company has observed proper training and hiring processes of its drivers, proper hours-of-service observance, and conducted proper safety inspections, then liability for the accident may be attributed to the driver’s own negligence.
The Role of Insurance Companies in Truck Accident Claims
Insurance companies are integral to the process of filing an injury claim in a truck accident.
When a truck accident occurs, the at-fault party often has insurance to cover their liability. As such, the insurance company of which the at-fault party is a policyholder will then make an initial settlement offer. When you do not have a truck accident lawyer to guide and advise you with the offer, most victim parties often settle right away. However, these offers are usually lower than the claim’s actual value.
In these situations, a truck accident lawyer can assist you in assessing various crucial factors, including both the immediate and long-term expenses related to the injuries sustained. They will help you evaluate your loss of income, taking into account not only current lost wages but also future earning potential. Additionally, they will also help you evaluate non-economic damages, along with associated legal fees and costs.
Steps to Take After a Truck Accident in Portland
Knowing what to do after being in a truck accident is important to ensure your safety and protect your rights.
If you have just been in a truck accident in Portland, always remember that time is of the essence. Here are some of the necessary steps you must take:
- Remain calm and immediately check the extent of the injuries sustained, if any
After the impact, always remember to remain calm. Afterward, evaluate yourself and your passenger for any sustained injuries.If the accident is a minor one and your vehicle is still drivable, move it to the other side of the road to prevent further collisions. However, if the impact is a major one, get out of the vehicle if you can, and immediately call emergency services. - Call 911 immediately
If you or your passenger have serious injuries, call 911 immediately after exiting the vehicle. The emergency services will dispatch an ambulance and law enforcement to the scene. However, it is important to remember that if any of your passengers are severely injured, make sure that you do not move them to avoid causing further harm. - Document the area of the accident
If you can still ambulate or the injuries you sustained are minor, take a picture of the damage to your vehicle while waiting for emergency services and local enforcement. If there are witnesses in the area, make sure to obtain their contact information and ask whether they are willing to submit a statement letter if needed. - Seek medical attention, regardless of injury
When emergency services arrive, make sure to immediately seek medical attention. This is important as some injuries may not cause symptoms right away, and only a medical evaluation can reveal any injuries that may require treatment. - Consult a truck accident attorney
After seeking medical attention, make sure to reach out to a truck accident attorney immediately. While most consider it a hasty step, it is actually a crucial one to ensure that your rights are protected and that you receive the injury compensation you deserve.Consulting with an experienced truck accident attorney in Portland, Oregon, is necessary so that someone can guide you, advocate for the necessary medical treatment you may need, and, overall, look out for your best interests. - Gather contact information from all parties involved
Once you have sought medical attention and consulted with a truck accident lawyer, do not forget to ask for the other party’s contact information. Gather all the contact details from the truck driver, the trucking company, and any witnesses. - Secure a copy of the accident report
Lastly, make sure that you obtain a copy of the accident report provided by the police. Having a copy of this report is essential, as it will further strengthen your case once you seek an injury claim.
Compensation for Truck Accident Victims
Truck accidents rank among the most catastrophic incidents on the road, primarily due to their massive size and weight. Collisions involving trucks often result in severe injuries and extensive property damage.
If you have been in a truck accident in Oregon, you may be entitled to various forms of compensation depending on the extent of injuries and other factors surrounding the incident. As such, having a truck accident lawyer to guide you is necessary so that you get to increase your chances of receiving the maximum amount of compensation you are entitled to.
Compensation from truck accidents may include:
- Medical bills and ongoing medical expenses
The extent of this type of compensation can cover the immediate medical costs to future costs related to injuries sustained from the accident. It covers the costs of hospital stays, diagnostic exams, surgeries conducted, rehabilitation methods acquired, and various prescription medications. - Lost wages and future income losses
Aside from medical expenses, a victim of a truck accident may also claim lost wages, especially if the sustained injuries made them unable to report for work. This type of compensation also covers all future earning potential, especially when the injuries sustained result in long-term disability. - Just compensation for pain and suffering
Non-economic damages may also be awarded to compensate for the pain, suffering, and distress a victim of a truck accident suffered. It shall also cover the reduced quality of life the victim has to live with that is directly caused by injuries sustained in the accident.
How a Portland Truck Accident Attorney Can Help
Determining fault and the extent of damages in a truck accident is a difficult process to navigate. Accordingly, it gets even harder, especially when you discover that there are several differences between a truck accident and a common car accident.
In truck accidents, there are multiple parties involved even if there are only two vehicles involved. This is hugely different from common car accidents, as the trucking company that owns the truck and employs the driver is also a party to a claim. Aside from the parties involved, the impact on collisions varies greatly between truck accidents and common car accidents. Considering the size and weight of a truck colliding with a car, the damages incurred may be greater.
As such, having an experienced truck accident attorney is necessary to handle the lengthy and sometimes messy lawsuit process. If you have been in an accident in Oregon and you have no idea where to start, consulting with a truck accident attorney is the best route to take.
In doing so, you will have an experienced professional who will:
- Analyze evidence,
- Apply the necessary trucking regulations,
- Deal with the trucking company’s insurance provider, and
- Maximize the compensation to which you are entitled.
Additionally, you get to avoid being exploited by malicious trucking companies that tend to take advantage of your knowledge gaps regarding commercial truck regulations and fatigued driving defenses. By seeking help from an experienced Oregon truck accident attorney, they will be the ones to identify violations as well as manipulations made by trucking companies to escape liability.
Special Cases: Wrongful Death & Severe Injuries
Despite the federal regulations and safety procedures put in place to avoid accidents, truck industry policies circumventing these regulations, in effect, contribute to annual deadly truck wrecks. Since most, if not all, trucks cross state lines to do the necessary deliveries, trucking companies might find loopholes within.
For some trucking companies, they might push and incentivize their drivers to exceed the standard hours-of-service just so they can maximize their profits. Additionally, trucking companies may cut corners on the recommended training period just to get drivers on the road right away. For others, they may do certain cost-cutting measures on the maintenance of trucks just to save on costs.
These circumventions made by trucking companies often lead to wrongful deaths and catastrophic injuries to victims of truck accidents.
One of the results of a truck accident would be victims sustaining catastrophic injuries to their spine or brain. While for others, it may even lead to fatalities. If you have a loved one in a fatal truck accident and you want to file a wrongful death claim, make sure that you are qualified to do so. Oregon law provides that it is the personal representative of the deceased’s estate who can bring a lawsuit on behalf of the deceased’s surviving family members. If the deceased did not leave a will naming a personal representative, the courts of Oregon will appoint one.
If the process of filing claims regarding catastrophic injuries or fatalities from a trucking accident is too much for you, contacting a truck accident lawyer is the best course of action.
Contact a Portland Truck Accident Lawyer Today
Seeing how catastrophic the results can be from a truck accident, it is only proper to immediately consult with a truck accident attorney experienced and knowledgeable in the field. Considering also the fact that filing a wrongful death lawsuit or filing a claim for sustained injuries can be emotionally challenging for the victim party, letting an experienced truck accident attorney handle it is the best thing to do.
If you were involved in a truck accident, you have to act quickly. You have to preserve critical evidence, and many trucking companies know this, which is why they have investigators on the scene to protect their own rights and interests. Aside from that, there is also a statute of limitations to observe, which is why the expertise of an experienced truck accident attorney is definitely necessary.
By seeking assistance from a truck accident attorney, they will:
- Provide you with a neutral yet experienced viewpoint of the accident,
- Help you collect important evidence,
- Determine the liability of the truck driver and the trucking company,
- Effectively calculate the accurate amount of damages, and
- Provide you with the maximum amount of compensation to which you are entitled.
Accordingly, this is where the Law Office of J. Clay McCaslin, a Portland-based law firm that represents clients in truck accidents, shines. If you or a loved one has been seriously injured or killed as a result of a trucking accident, contact the Law Office of J. Clay McCaslin today.