Oregon Semi Truck Accident: Frequently Asked Questions
Accidents involving semi-trucks can cause devastating injuries, considering the size and momentum of these sorts of vehicles.
Semi-truck accident attorneys in Oregon often face a number of pertinent questions from the victims about their personal injury claim.
Here is a list of some of the more frequently asked questions (FAQs) that may prove to be helpful if you are seeking information after an Oregon accident involving a tractor trailer or semi.
The dedicated attorneys at Dwyer Williams Cherkoss in Oregon provide a courtesy consultation with no obligation to the victims who may have specific questions and concerns about their legal rights following an unfortunate accident with a semi-truck.
"For over 52 years I have been protecting the financial future of truck accident victim's in Oregon by fighting for maximum compensation in every case." - Roy Dwyer
Frequently Asked Questions About Truck Accidents
You have no obligation to the trucking company’s insurer to provide information after an Oregon semi-truck accident.
It is best to politely decline to speak with the insurance company’s handler and refer the caller to your attorney. Your amount of compensation may be impacted or may get limited by anything you say or do, even in an informal way.
The adjuster has a singular objective to minimize the amount of settlement that must be paid by the insurance company. They may sound friendly and inquire after your health and recovery in order to initiate a conversation.
These callers are trained negotiators with experience in settling multiple claims on a daily basis. It is a good idea that you enlist an Oregon semi-truck accident attorney to protect your interests in dealing with the other side’s insurer.
Before you sign anything, make sure you have a knowledgeable Oregon personal injury lawyer by your side to review the offer. Based on the severity of your injuries, the lawyer will evaluate whether the settlement offered represents a fair and reasonable amount.
You normally won’t even have to pay any legal fee to an attorney for explaining your legal options after reviewing the insurer’s or the trucking company’s offer.
Insurance companies will typically offer only a fractional percentage of the fair value during their initial negotiation in trucking accidents. This is simply their tactic to save trucking company from substantial liability.
You may as well be signing away your legal rights by signing the release form presented by the insurer or the trucking company. Your best approach should be to seek legal guidance on the offer from an experienced Oregon attorney to determine whether it represents a reasonable settlement.
By working with a truck accident lawyer who has handled numerous accident claims in Oregon, you can increase your chances of achieving a significantly bigger settlement.
Both Oregon state and the Federal Motor Carrier Safety Administration (FMCSA) regulate the trucking industry in the state.
These special laws are important to understand because a truck accident victim or the victim’s family may obtain a higher compensation if a violation of a state or federal regulation is found.
These regulations can be complex and it is important to work with an experienced attorney who is knowledgeable about all the regulations applying to truckers and trucking companies in Oregon and someone who has handled semi-truck accident claims successfully in the past.
There are often significant blind spots on all sides of a tractor trailer. You may have a valid claim, regardless of whether your automobile happened to be in a blind spot, if the truck driver caused an accident by moving into your lane.
There are specific contributing factors in each Oregon tractor trailer accident that makes it unique. For this reason, it is vital to have an experienced truck accident attorney determine the best legal strategy to pursue after reviewing the accident details.
According to the Federal Motor Carrier Association (FMCA), a truck’s blind spots are a key reason behind at least 35 percent of all fatal truck-related accidents.
An experienced Oregon truck accident attorney will gather evidence by thoroughly investigating the trucking company, the truck driver and any other party that could have contributed to the accident.
The attorney will then request for certain documents from the trucking companies (such as the driver qualification file) to gather detailed information about the driver’s work history and medical tests. Trucking companies are mandatorily required to maintain these documents.
The truck accident lawyer will review the driver’s logs, truck maintenance records, and electronic on-board recorder. They will also interview witnesses, scrutinize the police accident report, collect photos from the accident scene, and gather your medical records pertaining to the accident.
This evidence so gathered will be used to build a compelling case to demonstrate that the party that caused the truck accident was negligent and that their negligence was the cause of your personal injury.
You may have a claim if it is found that one or more potentially responsible parties contributed to your personal injuries.
The trucking company and the driver have a responsibility to ensure that the cargo is properly secured and is not at a risk of shifting or falling off on the road. Secondly, the cargo load must be within the permissible limits prescribed under Oregon law.
You may be able to file a claim against the trucking company, or the owner of the trailer, if it is different than the trucking company. You may also have a claim against the loader of the cargo. It is possible for multiple parties to be jointly or severally liable.
A knowledgeable truck accident attorney in Oregon will identify all the potentially liable parties upon a thorough investigation of the accident, and pursue your legal claim vigorously.
This is just one of the many complexities of truck accidents. There could be multiple potentially responsible entities when an accident is caused due to a tire de-treading and blowing out, and resulting in injuries to others.
Routine maintenance of the vehicle, including replacement of worn tires, is the responsibility of trucking company or a maintenance agency. A motivated and reliable Oregon truck accident lawyer will investigate whether current records show the maintenance was carried out properly and for how long the tires were not replaced.
The trailer owner may be responsible, if they are different from the trucking operator. The manufacturer of the tire may also be liable if the tire is found to be defective. It is integral to investigate and identify all potentially liable parties involved in a truck accident in order to determine fault and make an appropriate legal claim.
Fatigue is one of the major causes of truck accidents in Oregon. Commercial truck drivers, if operating a commercial motor vehicle such as a cargo tanker or a tractor trailer, must abide by prescribed limits (also called hours of service rules) that dictate the number of hours they can drive each day or week on Oregon roadways.
However, these legally imposed limits are frequently flouted by truck drivers who are pushing to meet tight or unreasonable delivery deadlines. In fact, trucking companies sometimes encourage this behavior by paying incentives to drivers based upon the time of delivery.
A driver may be held accountable if they knowingly violated the hours of service limits and caused the accident. A notable Oregon truck accident attorney will move quickly to obtain and review a driver’s on-board record and logs to determine whether the accident could have occurred due to driver fatigue.
Yes, large trucks can cause catastrophic damage in crashes and as a result are required to carry higher liability insurance than automobile owners in Oregon. The FMCSA and the Oregon state have specific insurance requirements for semis.
Coverage like primary liability is mandatory, if the owner has authority. If the vehicle is leased to a motor carrier, then non-trucking liability, physical damage truck insurance and bobtail coverage would be mandatory.
Local truck drivers are also required under Oregon law to obtain a minimum amount of liability insurance. This amount depends upon the location and type of freight hauled.
For intra-state use, only the USDOT Number must be obtained by an owner if the truck never crosses the state’s borders and the truck weighs more than 26,000 GVW. It should be insured up to the following levels in Oregon:
- $10,000 per vehicle – Cargo Insurance (All Carriers)
- $750,000 – Liability Insurance (General Freight)
- $5,000,000 – Liability Insurance (Hazmat)
- $1,000,000 – Liability Insurance (Oil Transport)
- $300,000 – Liability Insurance (Household Goods)
There are more thorough insurance requirements in Oregon for truck drivers plying on out-of-state routes. These vehicles must comply with all the DOT truck insurance requirements in addition to the above mentioned levels as laid out by the FMCSA. Federal liability limits are typically between $750,000 and $1,000,000.
You should not wait to contact an Oregon attorney who is experienced in handling truck accidents. It is important that you speak with the attorney as soon as possible after a semi-truck personal injury. The attorney will guide you on what ‘not’ to say to the insurer in order to prevent a potential adverse effect on your compensation claim.
Insurance company lawyers handle multiple truck accident claims on a daily basis. You need an accomplished truck accident lawyer on your side to level the playing field.
You should get in touch with an Oregon truck accident personal injury lawyer to understand your legal options. The truck driver may face criminal charges for drunk driving, if their blood alcohol level exceeded the legal limit.
However, the criminal charges that the driver may be facing are not related to the potential claim you may have to cover for your losses and medical bills.
By filing a separate civil claim against the truck driver and the trucking company that employed the driver, you can seek compensation for your personal injuries and related losses. It is critical that you work with a competent Oregon truck accident lawyer to review the specific facts of your case and devise a suitable strategy to pursue your claim.
We understand that you and your family are going through trying times as a result of your injuries. You may already be paying for expensive medical treatment, and you should not have more bills to pay, particularly when you are unable to work after your truck accident injuries.
One of your best options in Oregon could be to contact the law offices of Dwyer Williams Cherkoss in Oregon.
Our experienced truck accident lawyers will take up your case on a contingency fee basis. This will allow you to have legal representation without paying any legal fees or other expenses.
Our truck accident lawyers will be paid only if and when we obtain a favorable jury verdict or an insurance settlement for you.
The victim’s family in Oregon may be entitled to bring a wrongful death lawsuit against all responsible parties if a person was killed due to negligence or carelessness on part of the truck driver. The types of damages and persons entitled to recover compensation in wrongful death actions have been specified under Oregon law.
This compensation can help a family cover their loss of income, pay any pending medical bills and also pay for counseling to cope with their loss.
The dedicated truck accident attorneys at Dwyer Williams Cherkoss can evaluate your case in detail and advise whether pursuing a wrongful death claim is the best legal option you have.
The lawyers at Dwyer Williams Cherkoss are skilled negotiators, whose first goal will be to get you the best possible claim settlement from the truck insurance company.
However, as part of abundant caution, we prepare for every case as thoroughly as if it were going to trial. In consultation with our clients, we usually try to settle Oregon truck accident cases before trial so that you can receive the maximum compensation in the least possible time.
We will strive for a just settlement while pursuing an aggressive negotiation on your behalf. We will always communicate to you any settlement offers we receive from the other party.
Our attorneys are battle-ready courtroom lawyers that will fight your case with all the legal knowledge, expertise and experience at our disposal, if the insurance company refuses to agree to a fair settlement.
Contact the Truck Accident Attorneys at Dwyer Williams Cherkoss
When you are a victim in a semi-truck accident it is important that you have a team of insurance adjusters, investigators, and semi-truck accident attorneys looking out for your best interests. Trucking companies have enormous resources and experts at their disposal. The attorneys on our team here at Dwyer Williams Cherkoss Attorneys, PC have extensive knowledge of and experience with trucking regulations, trucking industry practices, and trucking litigation defense strategies. Dwyer Williams Cherkoss Attorneys, PC, handles claims and cases arising from trucks accidents throughout Oregon. Our truck accidents lawyers have produced significant results for many clients through quality legal representation. We measure our success not only by winning in negotiating tables and courtrooms, but also by the number of lives we’ve touched. We can do the same for you! If you or a family member has suffered because of a truck accident.