Understanding Truck Accident Liability in Oregon

Being struck by a huge 18-wheeler truck can be an extremely violent collision, causing a multitude of serious injuries, even if everyone is seatbelted and the airbags deployed. In many commercial truck crashes, passenger vehicles are hit so hard that people are killed. It’s not surprising that truck accidents are so devastating, given that tractor-trailers can weigh up to 80,000 pounds fully loaded.

Understanding the complexities of truck accidents is crucial for anyone involved in a commercial vehicle collision. From multiple liable parties to strict evidence requirements and filing deadlines, these cases present unique challenges. Our experienced Portland truck accident lawyers can handle the most complex truck accident cases and fight the large corporate trucking companies and their insurance adjusters. Knowing the basics of truck accident cases is essential. This guide explores key factors in trucking accidents, liability issues, and steps to protect your rights after a collision.

Factors Leading to a Trucking Accident

According to FMCSA, in 2021, the number of large trucks involved in injury crashes increased by 11 percent, from 105,000 to 117,000. Trucking accidents represent complex events that often stem from a combination of preventable circumstances and external factors. Here are the key elements that frequently contribute to these incidents, according to the 2022 Oregon Traffic Crash Summary:

Criteria for Establishing Liability in a Truck Accident Case

Negligence in truck accidents involves determining liability in commercial vehicle collisions. For successful claims, plaintiffs must show the truck operator's duty to maintain safety and how this duty was breached.

Duty of Care

The truck operator or company has a fundamental responsibility to ensure safety on the roads. This includes maintaining proper vehicle conditions, following hours-of-service regulations, and adhering to all federal and state safety guidelines designed to protect other road users.

Breach of Duty

When truck operators or companies fail to meet their safety obligations, it constitutes a breach of duty. This can occur through various actions, such as distracted driving, operating while fatigued, poor vehicle maintenance, or violating federal trucking regulations.

Causation

For a successful negligence claim, there must be a direct link between the breach of duty and the resulting accident. This means proving that the truck operator's or company's failure to meet their safety obligations was the direct cause of the severe injuries or damages sustained.

Damage

The final element requires demonstrating actual harm resulting from the accident. This includes documenting all losses, from tangible costs like medical bills and lost wages to intangible damages such as pain and suffering. Evidence must clearly show these damages are a direct result of the truck accident.

What Parties Can Be Held Liable After a Truck Accident?

Various parties can be held legally responsible following a trucking accident, depending on their role and contribution to the incident:

• Truck drivers: Commercial operators can be held liable for negligent behaviors such as distracted driving, speeding, fatigue-related accidents, or violations of federal safety regulations and operating requirements.
• Trucking companies: These entities bear responsibility for their fleet's safety, including proper truck driver training, vehicle maintenance, and compliance with regulations. They can be held liable for negligent hiring, inadequate maintenance, or pressuring truck drivers to violate safety rules.
• Vehicle manufacturers: Companies that produce trucks or their components may be liable if defective parts or design flaws, such as brake failures or steering system malfunctions, contributed to the accident.
• Cargo companies: Entities responsible for loading and securing cargo can be held liable if improper loading or inadequate securing leads to an accident through cargo shifts or spills.
• Maintenance providers: Third-party companies responsible for truck maintenance and repairs could be liable if negligent maintenance work contributes to an accident.
• Other motorists: In some cases, other drivers on the road may share liability if their negligent actions contributed to causing the trucking accident.
• Vehicle owners: When trucks are leased or rented, the vehicle owner may be liable for failing to maintain the vehicle properly or ensure its safe operation.

What If Multiple Parties Caused the Truck Accident?

In truck accidents involving multiple liable parties, the concept of comparative or contributory negligence determines how responsibility and compensation are allocated. Each party's degree of fault is assessed based on their specific actions or negligence that contributed to the accident.

For instance, a trucking company might bear 50% responsibility for poor maintenance, while the truck driver could be 30% liable for speeding and another motorist 20% at fault for unsafe lane changes. The percentage of fault directly affects the amount of compensation each party must pay.

The Role of Insurance Companies in a Trucking Accident Case

Insurance companies play a pivotal role in trucking accident cases, with multiple policies often coming into play due to federal requirements for commercial carriers.

The trucking company's insurance provider typically initiates an immediate investigation, sending adjusters to the accident scene and reviewing all available evidence to assess liability. These insurers often attempt to minimize their financial exposure by offering quick settlements or disputing claim validity. Commercial trucking policies usually carry higher coverage limits than personal auto insurance, reflecting the increased risk and potential damages.

However, insurance companies may employ various tactics to reduce payouts, including questioning injury severity or arguing shared fault. Understanding these complex insurance dynamics is crucial for accident victims seeking fair compensation for their losses.

Recoverable Damages for a Trucking Accident

Victims of trucking accidents may be eligible to recover various types of damages to compensate for their losses.

• Economic damages include medical expenses, both current and future, lost wages, reduced earning capacity, and property damage.
• Non-economic damages cover intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and physical disfigurement.
• In cases involving extreme negligence, punitive damages might be awarded to punish the responsible party and deter similar behavior.
• Spouses may also recover damages for loss of consortium, which includes the loss of companionship, support, and services of their injured loved one.

Documentation like medical records, expert testimony, and financial evidence helps establish the full extent of these damages.

Gathering Evidence to Determine Liability After a Truck Accident

Determining liability after a truck accident requires thorough evidence collection and analysis from multiple sources:

• Physical evidence: Accident scene documentation, including vehicle debris patterns, skid marks, road conditions, and comprehensive photographic evidence showing vehicle positions and damage.
• Electronic data: Information from the truck's black box device, recording crucial details about speed, braking patterns, and truck driver actions in the moments before the collision.
• Documentation review: Analysis of police reports, driver logbooks, maintenance records, company safety policies, and compliance with federal regulations.
• Witness information: Statements from bystanders, first responders, company employees, and others who can provide insights into the accident circumstances.
• Medical records: Documentation of injuries, treatment plans, and expert medical testimony linking injuries to the accident event.
• Expert analysis: Input from accident reconstruction specialists who can provide professional interpretation of evidence and establish accident causation.
• Digital evidence: Surveillance footage from nearby cameras, GPS tracking data, and electronic communication records related to the incident.

Statute of Limitations for Truck Accident Claims

Oregon law sets a two-year statute of limitations for truck accident claims, including personal injury cases, starting from the date of the incident or death. Wrongful death personal injury lawsuits have a 3-year statute of limitations. Property damage claims also have a six-year deadline. Missing these deadlines typically bars victims from seeking compensation.

Steps to Take After a Truck Accident

Taking the right actions immediately after a truck accident can significantly impact your safety and potential trucking accident claim:

• Truck drivers: If possible, move to a secure location and call emergency services for medical attention and police response to the scene.
• Scene documentation: Take comprehensive photos of vehicle damage, road conditions, tire marks, road signs, and any visible injuries sustained.
• Basic information: Collect the truck driver's name, employer details, insurance information, license number, and contact details of any witnesses present.
• Seek medical attention: Get medical attention even if injuries seem minor, as some symptoms may develop hours or days after the accident.
• Initial statements: Avoid making statements about fault or signing any documents from insurance companies without legal review.
• Insurance companies: Notify your insurance company about the accident, but keep initial discussions brief and factual.
• Legal representation: Consult with our experienced truck accident lawyers to protect your legal rights and ensure proper handling of your claim.