A collision with a large commercial truck can cause catastrophic injuries. These massive vehicles can weigh up to 80,000 pounds when fully loaded – as much as 20 times the mass of the average passenger car. When truck drivers act negligently behind the wheel, they put everyone on the road at serious risk. Victims of these crashes deserve fair compensation for their losses.
At Rizk Law, our Portland truck accident attorneys fight for people harmed by negligent truck drivers. Contact us today for a free, no-obligation evaluation of your claim.
Understanding Truck Driver Negligence in Portland
Truck driver negligence occurs when a commercial driver fails to exercise reasonable care while operating their vehicle. Every motorist owes a duty to others on the road. However, truck drivers face even higher expectations because of the size and weight of their vehicles.
A truck accident negligence lawyer in Portland can examine whether the driver’s actions fell below acceptable standards. They will consider:
- Did the driver follow traffic laws?
- Did they maintain proper attention to the road?
- Did they operate their vehicle safely, given the weather and traffic conditions?
When a truck driver’s careless behavior causes a crash, injured victims have the right to pursue compensation. Oregon law allows individuals harmed by negligent drivers to seek compensation for medical bills, lost income, pain and suffering, and other related losses.
Common Types of Truck Driver Negligence
Truck drivers can act negligently in many ways. A Portland truck driver negligence lawyer will investigate your crash to identify precisely what went wrong.
Frequent examples of truck driver negligence include:
- Distracted driving ‒ Texting, eating, or adjusting GPS systems while operating an 80,000-pound vehicle puts everyone nearby in danger.
- Speeding ‒ Semi-trucks require longer stopping distances than passenger cars, making excessive speed especially hazardous.
- Fatigued driving ‒ Tired drivers have slower reaction times and may fall asleep at the wheel during long hauls.
- Driving under the influence ‒ Alcohol and drugs severely impair a trucker’s judgment and coordination.
- Improper lane changes ‒ Failing to check blind spots or turn signals can cause devastating sideswipe collisions.
- Unsecured cargo ‒ Shifting loads can cause truck drivers to lose control, while cargo falling from trucks creates dangerous obstacles for other motorists.
Motorists struck by a truck should immediately call 911 to report the collision, exchange information with the other driver, and then photograph the vehicles involved and the crash scene as safely as possible. Do not argue with the other driver! Your attorney can take over from there and work to establish the truck driver’s negligence.
How to Determine Liability in Portland Truck Accidents
Oregon follows a fault-based system for truck accident claims. The party responsible for causing the crash is financially liable for any resulting harm. In many cases, fault lies with a truck driver whose negligence led to the collision. A thorough investigation can uncover if the driver’s actions led to the truck accident.
However, liability often extends beyond the truck driver alone. For example:
- Trucking companies can be liable for their drivers’ actions while on duty. They may also share responsibility for their own negligence, such as hiring an unqualified driver, pressuring drivers to skip rest breaks, or failing to properly maintain their vehicles.
- Cargo companies may be liable for improperly loaded freight, including leaving cargo unsecured, unbalanced, or overloaded.
- Vehicle manufacturers may be at fault for defective parts that contributed to the crash.
A truck driver liability lawyer in Portland can work to establish who caused your collision and hold them accountable.
Evidence That Can Prove Truck Driver Negligence
Building a strong Oregon truck accident claim and holding negligent parties accountable requires solid evidence. An experienced truck accident attorney can gather documentation that proves the driver acted negligently and that their behavior caused your injuries.
Important evidence in truck negligence cases may include:
- Electronic logging device data ‒ Federal law requires most commercial trucks to track driving hours electronically, revealing whether the driver violated rest requirements.
- Black box information ‒ Many trucks have event data recorders that capture speed, braking, and other details in the event of a crash.
- Driver qualification files ‒ These records show training history, driving record, and employment background.
- Drug and alcohol test results ‒ Commercial drivers must submit to testing after serious accidents.
- Maintenance and inspection records ‒ These documents reveal whether the trucking company and driver kept the vehicle in a safe condition.
- Truck drivers’ logbooks – The trucker’s own records of their driving time may indicate they were not taking required breaks or even falsifying information.
- Police reports and witness statements ‒ Official documentation and eyewitness accounts can support your version of events.
The Role of Federal and State Trucking Regulations in Driver Negligence
Commercial trucking operates under strict federal and state regulations. These rules exist to protect the public from preventable accidents. Violations of these regulations often serve as robust evidence of negligence.
Federal hours-of-service rules limit the amount of time drivers can operate their trucks before taking mandatory rest breaks. Drivers who exceed these limits and cause crashes have clearly acted negligently. Federal regulations also govern drug and alcohol testing, vehicle maintenance standards, and cargo securement requirements.
Oregon imposes its own requirements for commercial drivers operating within the state’s borders. A negligent truck driver accident lawyer can identify every regulation the driver violated and use those violations to strengthen your case. Regulatory violations make it harder for trucking companies and their insurers to deny responsibility.
Many truck accident victims are themselves truckers who another commercial trucker or automobile driver hit. If that is your case, a skilled attorney can work to show that you were following federal and state trucking regulations and that the other driver’s negligence caused the collision.
Insurance Challenges in Negligence Claims
Commercial truck accident claims involve larger insurance policies than typical car crashes. Federal law requires trucking companies to carry substantial liability coverage. While this may mean more money is available for your claim, it also means insurance companies fight harder to protect their profits.
Insurers often deploy teams of adjusters, investigators, and lawyers immediately after serious truck crashes. They work to minimize payouts by disputing liability, questioning the severity of injuries, or pressuring truck accident victims into quick settlements. These tactics catch many injured people off guard.
A Portland truck accident attorney can protect you from these strategies. Founding attorney Richard Rizk’s background as a former insurance company insider gives our team unique insight into how insurers evaluate and defend claims. We are familiar with their tactics and know how to counter them effectively.
Calculating Compensation for Truck Driver Negligence Cases
Fair compensation for injuries due to commercial truck driver negligence should cover all your losses, including:
- Medical expenses
- Lost wages
- Reduced future earning capacity
- Pain and suffering
- Property damage
A skilled Oregon truck accident attorney can calculate the full value of your claim based on both current losses and anticipated future needs.
How a Portland Truck Accident Lawyer Can Help You
Truck accident cases involve complex liability issues, multiple potentially responsible parties, and aggressive insurance defense tactics. If you try to handle these challenges alone, you may put your recovery at risk. A truck driver liability lawyer in Portland can protect your rights and fight for maximum compensation.
At Rizk Law, we charge no upfront fee to handle your case. Our team combines insurance industry experience with personal understanding of what injury victims face. We have been helping injured Oregonians for over 20 years, resulting in millions of dollars in compensation for our clients, including $1.25 million after a negligent trucker hit a pedestrian and $900,000 when a distracted delivery truck driver T-boned our client. We also have many glowing testimonials from happy clients, such as this one:
“Phenomenal assistance with the most caring and awesome lawyers you can find. They will fully invest in you and your case and go above and beyond.” – Shayla
Call us today for a free consultation to speak with a Portland truck driver negligence lawyer about your claim.