A fully loaded commercial truck needs a significant amount of time and space to come to a stop.
When a truck driver follows too closely, they eliminate their ability to prevent a catastrophic collision should they need to brake suddenly. When a crash does occur, they should face accountability.
The experienced truck accident lawyers at Rizk Law understand the unique legal considerations these cases involve and how to seek the compensation you deserve.
Contact us today for a free consultation to explore your legal options.
What Is Tailgating and Why Is It Dangerous?
Tailgating occurs when a driver follows another vehicle too closely for the current conditions.
All vehicles need enough room to prevent collisions. But commercial trucks weigh up to 80,000 pounds, which means they require far more stopping distance than a 3,000-4,000-pound passenger vehicle.
When a commercial truck driver is too close to the vehicle ahead:
- The driver loses adequate reaction time.
- The truck cannot stop safely if traffic slows.
- Minor traffic changes escalate into major wrecks.
Rear-end truck collisions often do devastating damage to smaller vehicles, pushing them into other lanes or trapping occupants inside. Common injuries include broken bones, internal injuries, spinal cord damage, and traumatic brain injuries.
Oregon Laws on Safe Following Distances for Trucks
Oregon law clearly prohibits following too closely.
Drivers must avoid following another vehicle more closely than is “reasonable and prudent” given current speed, traffic, and road conditions.
This statute applies to all drivers, including commercial truck operators. Because they require more stopping time, the safe following distance for trucks is generally significantly larger than for a standard passenger vehicle.
Common Causes of Truck Tailgating in Portland Traffic
According to the Oregon Department of Transportation (ODOT), following too closely was the fifth most common driver error leading to traffic accidents in a recent year.
Truck tailgating commonly occurs in Portland traffic due to:
- Pressure to meet tight delivery deadlines
- Heavy congestion on highways like I-5 and I-84
- Driver fatigue after long hours on the road
- Distracted driving, including texting and GPS use
- Aggressive driving behaviors
When someone else’s negligent behavior causes a tailgating truck accident, they should be held liable for the harm they cause.
Types of Truck Accidents Caused by Following Too Closely
Tailgating can cause several serious types of large truck wrecks, including:
- Rear-end collisions
- Multi-vehicle pileups
- Underride accidents
- Jackknife accidents
The consequences of these collisions can prove life-altering or even deadly.
Steps to Take After a Tailgating Truck Accident
Your actions following a severe collision can protect not only your safety but also your legal claim. Here are the steps to take after a truck accident:
- Call 911 and report the crash.
- Seek prompt medical attention, even if you feel fine.
- Take photos and videos of the accident scene.
- Collect contact information from any witnesses.
- Don’t offer any recorded statements to insurers.
- Contact a truck accident lawyer.
Early legal guidance preserves critical evidence and helps you avoid costly mistakes. Speak with an attorney as soon as possible.
Determining Fault in Portland Tailgating Truck Accidents
Determining fault in a truck accident involves in-depth investigation and careful analysis of complicated evidence. That evidence often includes:
- Black box data
- Electronic logging devices
- Driver logs
- Vehicle maintenance records
- Inspection records
- Police reports
- Witness testimony
- Expert analysis
Liability often extends beyond the truck driver. If the trucking company enforced unrealistic delivery schedules, cut corners with required maintenance and inspection, or failed to train drivers properly, it may share responsibility.
There could even be third parties that may also be liable, such as a parts manufacturer if defective brakes contributed to the truck crash.
An experienced truck accident attorney from Rizk Law can identify all potential at-fault parties in your case to hold them accountable.
Compensation Available for Tailgating Truck Accident Victims in Portland
A serious truck accident can affect every aspect of your life, from your physical health to your emotional well-being to your financial security. A successful personal injury claim can account for all these losses by providing compensation for:
- Current and future medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or impairment
- Loss of enjoyment of life
- Property damage
Our truck accident lawyers work with medical and financial experts to assess the full impact of the collision on your daily life and finances and then fight for maximum compensation.
Statute of Limitations for Truck Accident Claims in Oregon
Oregon law sets clear deadlines for filing personal injury lawsuits.
You typically have two years from the accident date to file. If you miss this deadline, courts will most likely throw your case out.
Remember that evidence can disappear quickly, witness memories can fade, and insurance companies often employ stalling tactics to push you past the filing deadline. If you want to protect your legal rights, it’s essential to contact a skilled truck accident lawyer as soon as possible.
How a Portland Truck Accident Lawyer Can Help
Facing the big insurance companies on your own can prove exceptionally challenging. These companies have extensive experience weakening claims and reducing payouts to protect their profits.
When you work with an experienced truck accident lawyer, you level the playing field and protect your legal rights.
The attorneys at Rizk Law can help by:
- Reviewing your truck accident case for free
- Explaining the next steps in the legal process
- Investigating the accident to identify all liable parties
- Preserving key evidence before it disappears
- Calculating the full value of your claim
- Handling all insurance company communications
- Negotiating for a fair settlement
- Representing you in court, if necessary
Our truck accident law firm has spent over 20 years representing Oregonians as they seek justice and fair compensation for their injuries, offering in-depth experience with Oregon courts, judges, and adjusters.
We’ve recovered millions in verdicts and settlements on behalf of our deserving clients*, many of whom have shared kind words about the quality of our legal services:
“Richard, and his team do as exactly as they say. They walked me through the process, and made me feel like family. Everything the defense team through at us, I was prepared because of Rizk Law. Highly recommend Rizk Law.”
– Dennis Mosley, former client.
If you’ve suffered injuries in a truck accident because the driver was following too closely, our team can help.
We will investigate the crash to identify all liable parties and then build a compelling case for holding them accountable and demanding your rightful compensation.
Contact us today for your free consultation.
*Each case is unique, and past results do not guarantee future outcomes.