Truck accidents can cause life-altering consequences for victims and their families. Sometimes responsibility for those consequences falls directly on the truck driver or the trucking company. However, that’s not always the case. Sometimes, poor road conditions are to blame for these devastating collisions.
If poor road conditions caused a truck accident that upended your life, you deserve justice. However, you’ll first need to understand the connection between bad road conditions and truck accidents in Portland, who might be liable in these types of collisions, how to prove fault, and how a lawyer can help.
The Link Between Poor Road Conditions and Truck Accidents
Truck drivers face unique challenges compared to passenger vehicle drivers. Commercial trucks have longer stopping distances, wider turning radii, limited maneuverability, and large blind spots. When these challenges run into poor road conditions, the results can be catastrophic.
Some common ways road maintenance negligence in Oregon contributes to truck accidents include:
- Uneven pavement or debris causing truck drivers to lose control
- Sharp objects or potholes causing truck accidents by blowing out tires
- Sudden maneuvers to avoid obstacles causing jackknife or rollover accidents
- Swerving or braking abruptly to avoid hazards causing chain-reaction crashes
Poor road conditions pose a risk to all vehicles. However, when the vehicle weighs 80,000 pounds, the risk becomes extreme, and the consequences can be fatal.
Common Types of Dangerous Road Conditions in Portland
Road maintenance negligence in Oregon comes in many forms. Some of the most common collision-causing hazards our Portland truck accident lawyers see include:
- Potholes and cracked pavement
- Uneven road surfaces
- Poorly marked construction zones
- Debris or spilled cargo
- Flooded or icy roads
- Faded or missing lane markings
- Missing or confusing signs
- Damaged bridges and guardrails
- Poorly lit roads
Liability becomes complicated in road-condition- and weather-related truck accidents in Portland. A skilled attorney can investigate the collision to identify responsible parties and fight for the compensation you deserve.
Determining Liability in a Truck Accident Caused by Poor Roads
Unlike a typical motor vehicle accident claim, liability for truck accidents on bad roads often falls on multiple parties. Those parties might include:
- City, county, or state authorities – The government agency responsible for maintaining the road on which your accident occurred may be liable if it failed to repair known hazards or keep up with routine maintenance.
- Private contractors – If the government outsources road maintenance to private contractors, those contractors can be responsible for collisions resulting from their negligence.
- Construction companies – When improperly maintained or marked construction zones cause crashes, the construction company may bear responsibility.
- Truck drivers or trucking companies – While poor road conditions may have contributed to the accident, negligent truck drivers and their employers can be liable for the collision, as well.
Challenges in Proving Fault in Portland Dangerous Road Truck Crash Claims
Proving liability for truck accidents on bad roads presents unique challenges. You and your attorney face strict requirements and technical hurdles that you won’t find in the average motor vehicle accident case. Some notable challenges in these cases include:
- Government immunity – Government agencies may claim immunity from certain cases, limiting liability. This means you must meet strict procedural rules and build an exceptionally compelling case to hold the agency accountable.
- Documentation requirements – Victims must provide detailed evidence of road defects. Without official reports, photos, witness statements, and expert testimony, courts may question whether the road conditions were truly to blame.
- Proving prior knowledge – To hold the government entity accountable, you may need to show that they had or should have had prior knowledge of the hazard that caused the accident. Your attorney must acquire internal maintenance records and complaint logs to reveal this information.
- Limited time – Victims also face shortened deadlines when pursuing claims against government entities. You must file a Notice of Claim with the government within 180 days of the accident.
Compensation for Victims of Truck Accidents Caused by Bad Roads in Portland
Truck accident injuries can have long-lasting, if not permanent, ramifications. You may face daily pain, limited mobility, time off work, costly medical treatment, permanent damage, and significant emotional distress. Compensation in these cases accounts for all of these losses. Your Portland truck accident lawyer may seek the following on your behalf:
- Current and future medical bills
- Long-term care or support services
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
If you lost a loved one in a truck accident involving poor road conditions, you may have a valid wrongful death claim. Compensation in these claims can include:
- Final medical expenses
- The victim’s conscious pain and suffering before their death
- Funeral and burial expenses
- Loss of the victim’s future anticipated earnings and wealth growth
- Loss of the victim’s companionship, society, and services
How a Portland Truck Accident Lawyer Can Help
A skilled Portland truck accident lawyer can guide you through the complicated process of pursuing a claim against a government entity or large trucking company and protect your rights the whole way through. Your lawyer can help by:
- Preserving and obtaining evidence – A skilled Portland truck accident attorney knows how to secure critical evidence before it gets lost or destroyed and use it effectively to build your case.
- Working with experts – Your legal team can utilize engineers and accident reconstruction specialists to help demonstrate how road conditions contributed to the crash.
- Dealing with insurers – Insurance companies will try to weaken or deny your claim in any way they can. Your attorney can protect your rights by handling all communications with them.
- Negotiating and litigating – When it comes time to negotiate for a fair settlement, your attorney will advocate aggressively on your behalf. If the liable party refuses to make a fair offer, they can file a lawsuit and take your claim to court.
Contact Our Truck Accident Lawyers in Portland Today
You don’t have to face the aftermath of a truck accident alone. The team at Rizk Law has recovered millions in verdicts and settlements for our deserving clients, and we’re prepared to fight for the compensation you deserve. We have a long list of 5-star Google reviews from satisfied clients backing our reputation, such as this one:
“The staff here is great. Everyone is extremely helpful and professional. Richard and Mat took my case and helped me tremendously throughout a difficult process. I am very grateful for all of their help and I would highly recommend them to any one of my friends or family members.” – Tony Hart
Our Portland truck accident lawyers will launch an immediate investigation into the crash to determine how it happened and who might be liable, then gather the evidence needed to hold them accountable. Contact us today for your free consultation to get started.
