In this article, you can discover:
- What are some of the issues to be aware of in trucking accident claims?
- What are some of the most common causes of truck accidents in Oregon
- The severe injuries resulting from truck accidents in Oregon
- The liable parties in a truck accident where the driver is at fault
What Are Some Of The Issues To Be Aware Of In Trucking Accident Claims
- Destruction of evidence. The destruction of evidence can happen in several different way, either through intentional destruction to hide something, negligence on the part of the person possessing the evidence, and even regular routine records destruction practices. For example, a driver’s logs must be maintained for 6 months. After that time the records can be destroyed. For that reason it important to move quick to, ideally, secure this evidence yourself, or, if that is not possible, to at minimum issue a formal demand, called a spoliation demand, to all the parties involved in the accident.
- Identification of the at fault parties. This might seem easy, especially if the name of the company is on the police report. Sometimes it is that easy, but often times there are other companies involved that are not easily identified. For example, the trailer might have the name of well known, nationally recognized trucking company, but the driver might actually be working for his or her own company and that company employs the driver and owns the truck, and is leased back to the company whose name is on the side of the trailer. If you have been involved in a trucking accident, you will want to know all the companies and individuals involved.
- Not knowing your rights. As with any liability claim, when you are dealing with an insurance adjuster, these are knowledgeable individuals, often with years of experience, who know what the law is. They have no duty to tell you what your options and rights are. They work for an insurance company and the first priority is to their company and their insured. As such they may ask you do to things that are actually not in your best interest. They may even tell you that you must do something. For example, often adjusters will tell people they must take a recorded statement. That might be their company policy; however, that is not the law. You do not have to do that. Doing so involves risk to your case without any positive benefit in return. I think it says something that if you ask for a recorded statement from the driver, they will always say no. That is because they know it is a risky thing to do and much better to not do it at all.
- Lack of response. Sometimes you may encounter a company that simply does not respond. You call, leave a message, and don’t hear back. This could he happening for any number of reasons, but regardless the reason action should be taken to remedy the situation. Often hiring an attorney will cause the company to respond; however, sometimes additional pressure must be applied such as filing a lawsuit.
What Are The Most Common Causes Of Truck Accidents In Oregon?
There are several factors that contribute to truck accidents in Oregon, but the most common cause is driver inattentiveness. This can occur when a truck driver needs to pay more attention to the road or is following another vehicle too closely.
The lack of awareness or attentiveness is the most significant contributing factor to truck accidents in Oregon. When trucks are fully loaded, with weights reaching up to 80,000 pounds, a following distance of just two car lengths is not enough to ensure safety.
Who Is Liable For A Trucking Accident Case Where Truck Driver Was At Fault?
In a trucking accident where the truck driver is at fault, multiple parties could be liable, from the driver, to the driver’s company, or possibly the company the loaded the trailer. Liability can become more complicated in cases where the driver is an owner-operator, meaning that they own the truck they are driving but are leased to (working for) another company.
In these cases, the driver and the company the driver is leased to can be held liable, depending on the specific circumstances and the level of control exerted by the parent company. In many cases who is liability is dependent on the facts, and an attorney can help determine who the liable parties are.
What Of The Types Are Some Common Injuries From Big Rig Accidents In Oregon?
There is a significant weight difference between trucks and passenger vehicles. As a result the injuries in accidents with semitrucks are commonly more serious. Injuries can range from minor cuts and bruises to serious permanent, life-threatening injuries, or tragically, death. Some of the most severe injuries that can result from truck accidents include death, traumatic brain injuries, loss of limbs, and or spinal cord injuries.
How Common Are Auto Wrecks Involving Semi-Trucks In Oregon?
Unfortunately, auto wrecks involving large semi-trucks or tractor-trailers on Oregon roads are more common than they should be. What’s more, the semi-truck industry is heavily regulated, with both federal and state regulations governing their operation, making these cases particularly complicated.
If you are involved in an accident with a semi-truck, it is recommended to hire an attorney who is familiar with these regulations – only an experienced commercial accidents attorney can help ensure that you receive fair compensation for every part of your claim.
Are Auto Wrecks Involving Large Semi-Trucks As Frequent As Auto Car Accidents?
Auto wrecks involving large semi-trucks are not as frequent as typical car accidents. There are more cars on the road than semi-trucks, which contributes to the frequency of auto accidents.
However, it is still important to be aware that these types of accidents can occur, take the necessary precautions, and seek legal help if you ever need it.
Where Do Most Oregon Truck Accidents Occur?
Truck accidents are a major concern in Oregon and can happen anywhere on the roads; however, most trucking accidents occur on interstates and highways, where high speeds and heavy traffic volumes are common. These roads are typically more susceptible to truck accidents due to the high rates at which vehicles are traveling and the number of large trucks sharing the road with smaller passenger vehicles.
With the guidance of a skilled attorney for Auto Accident Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Auto Accidents Law in Oregon, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (503) 877-3416 today.
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