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Amputations After Oregon Trucking Accidents: Portland Trucking Accident Lawyers

Oregon Trucking Accidents Resulting in Amputations: Portland Trucking Accident Lawyers Explain

Since commercial vehicles like 18 wheelers, tractor trailers, logging trucks, delivery vans, and big rigs are all large, heavy, and powerful, victims injured in Oregon trucking accidents are likely to suffer serious personal injuries.  While traumatic brain injuries, spinal cord injuries, and wrongful death are some of the more common and severest injuries, amputations caused by Oregon trucking accidents are always painful, life-changing, and devastating.  These catastrophic injuries affect a person’s daily life for personal and work.  Amputations also cause intense physical pain but also significant emotional pain.  Learn about amputations from our Portland trucking accident lawyers and how we can protect your rights to compensation.

Why Trucking Accidents are More Likely to Cause Amputations

An amputation is the removal of a body extremity such as a finger, toe, hand, foot, arm, or leg.  Amputations could be caused by trauma like a trucking accident, or amputations could be caused from surgery as a result of trauma.

Any motor vehicle accident could cause an amputation.  Generally, the more powerful the impact the more likely an amputation could be caused.  The heavier size of trucks generally means they cause more powerful impacts.  As a result, trucking accidents are generally more likely to cause serious personal injuries which could result in amputations.  This is particularly true because truck accidents could cause injuries resulting in amputations due to large frame and more steel, the more wheels, the cargo, and the other equipment on the truck.  

Types of Amputations from Oregon Trucking Accidents

There are many different types of amputations that could be caused by 18 wheeler wrecks.  Some of the more common types of amputations include the following:

  • Partial foot (transmetatarsal);
  • Ankle disarticulation (syme);
  • Below the knee (transtibial)
  • Above the knee amputation (transfemoral);
  • Forearm amputation (transradial);
  • Above the elbow amputation (transhumeral);
  • Arm or leg;
  • Hip disarticulation or shoulder disarticulation;
  • Wrist disarticulation;
  • Digit (finger or toe) amputation; and
  • Many other types and combinations of amputations.

Damages from Oregon Trucking Accidents

Amputations cause significant damages to victims of tractor trailer wrecks.  In personal injury actions, “damages” include medical bills, lost wages, lost future earnings, future medical bills, loss of services from spouses and dependents, and of course pain and suffering.  In fact, pain and suffering is a big component of amputation injuries.  Lost wages or lost future earnings are also large components to damages in trucking accidents.

Damages can have a physical or emotional toll on an individual.  Physically, damages would include the agony and pain from the injury.  it would also cause the loss of a limb which is gone from the amputation.  Damages also include emotional harm, which is the anxiety, depression, and even lack of sensation or over sensation from an amputation.  This is because some amputation victims have what is known as “phantom limb syndrome,” which is when they still suffer from physical pain even though their limb is no longer there.

Ask our Portland Trucking Accident Lawyers for Help With Your Oregon Trucking Accident Case

Amputations are serious injuries that should always be reviewed by a Portland trucking accident lawyer.  If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. 

Oregon Trucking Accidents Causing Burn Injuries: Portland Trucking Accident Lawyers

Portland Trucking Accident Lawyers Explain Oregon Trucking Accidents Causing Burn Injuries

An Oregon trucking accident could cause many different types of injuries.  This includes traumatic brain injuries, spinal cord injuries, and other catastrophic injuries.  One type of serious injury from an 18 wheeler crash are burn injuries.  While there are many possible ways how a trucking accident could cause a burn injury, one thing is always true: burn injuries hurt.  In fact, the pain and suffering with burn injuries can be significant.  Medical bills and lost time from work could also be debilitating to an entire family.  Learn about Oregon trucking accidents which cause burn injuries from our Portland trucking accident lawyers.

Burn Injuries Caused by Oregon Trucking Accidents

Burn injuries are incredibly painful.  Depending on the amount of your body burned and the depth as which the burns are, you may need treatment at a burn center.  Doctors may perform many different tests and treatment on burn injuries.  This includes use of water to cool injured skin, creams and ointments to heal and for moisture, dressings to keep wounds clean, and surgery to remove irreparably damaged skin.  Almost all of these treatments will cause significant pain which cannot be avoided given the nature of a burn injury.

Common Causes of Burn Injuries

There are many ways that an Oregon trucking accident could cause burn injuries.  It is not uncommon for any auto accident to result in burn injuries, but this is particularly true with trucking accidents.  This is because large commercial trucks like logging trucks, delivery vans, 18 wheelers, tractor trailers, and other big rigs create a lot of force upon impact.  This means that fuel canisters could be severely damaged and leak or ignite.  The force of impact could also result in extreme damage which could cause sparks or fires.

Some of the most common causes of burn injuries include the following:

  • Fires after trucking accidents – because of the significant amount of fuel that trucks carry, this is a huge fire hazard in truck wrecks.  Particularly when truck wrecks are likely to cause twisted and bent steel.  This means that fires are a significant risk in 18 wheeler crashes.  Innocent people could be trapped in their vehicles after a crash can burn to death.  Massive fires could occur very quickly, especially if the cargo in a truck is hazardous or flammable.
  • Explosions – trucking accidents are very powerful and result in catastrophic collisions.  The power behind these collisions could result in serious and powerful explosions.  This could be due to the payload and cargo being carried, but it could also be due to the sheer force and momentum.  
  • Chemicals – Many large commercial trucks, especially tankers, are carrying dangerous payloads.  If chemicals spill and injury victims of an Oregon trucking accident, it could result in serious burns.  This is particularly true of many caustic payloads used for cleaning supplies, construction, or fueling.

Victims of Oregon Trucking Accidents Should Ask Our Portland Trucking Accident Lawyers for Help

Burn injuries are very serious and can result in permanent scarring, nerve damage, catastrophic injury, and wrongful death.  If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. 

Oregon Trucking Accidents Due to a Failure to Yield: Bend/Portland Trucking Accident Lawyers

Failure to Yield Causing Oregon Trucking Accidents: Learn Liability from Our Bend/Portland Trucking Accident Lawyers

One of the most important rules of the road is yielding the right of way to other vehicles.  This is particularly true at more complicated intersections or intersections which have no traffic control devices.  When a large commercial truck fails to yield to the right of way, it can result in catastrophic collisions.  This includes t-bone crashes, rear end collision, head on crashes, and other serious trucking accidents.  Individuals injured in Oregon trucking accidents due to a failure to yield by a truck driver could suffer serious personal injuries, including traumatic brain injuries, paraplegia, and other life-changing injuries.  If you or a loved one were seriously injured or wrongfully killed in an Oregon trucking accident due to a truck driver, ask our Bend/Portland trucking accident lawyers what rights you may have under Oregon law.

What is the Right of Way?

The right of way is a principle where a vehicle has the first preference or “right” to move about an area of roadway.  Said differently, the right of way is a legal right for a motorist or pedestrians to proceed before others.  Typically, this area of roadway is an area where other vehicles also need to go over such as an intersection.  

What Happens if a Truck Driver Does Not Yield the Right of Way?

All motorists are required to yield the right of way to other vehicles which have the right of way.  This means that motorists must consider the vehicle and traffic laws for stop signs, yields, roundabouts, merges, t-intersections, and other intersections or traffic patterns.  When a motorist fails to yield the right of way, he or she may be violating Oregon vehicle and traffic law.

Specifically, ORS 811.275 (1) provides that “[a] person commits the offense of failure to yield the right of way at an uncontrolled intersection if the person is operating a motor vehicle that is approaching an uncontrolled highway intersection and the person does not look out for and give right of way to any driver on the right simultaneously approaching a given point, regardless of which driver first reaches and enters the intersection.”

A truck driver that violates ORS 811.275 and causes a motor vehicle collision with another vehicle may cause serious personal injuries.  Under the doctrine of negligence per se, a motorist may be automatically found negligent when he or she harms another person due to a traffic violation that was meant to protect the victim.  Failing to yield and causing a serious Oregon trucking accident is a common example of this.

It is also important to note that, even if a truck driver may believe he or she has the right of way, if that truck driver was speeding, ORS 811.275 (3) waives that person’s right of way.  This section provides that “A person entering an intersection at an unlawful speed shall forfeit any right of way the person would otherwise have under . . . this section.”

Victims or Oregon Trucking Accidents Should Ask Our Bend/Portland Trucking Accident Lawyers for Help if a Truck Driver’s Failure to Yield Hurt You

Failing to yield the right of way is a very serious issue which could result in dramatic collisions and significant injuries.  Innocent victims may be catastrophically hurt in these types of dangerous trucking accidents.  If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

We handle cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. 

Oregon Trucking Accidents Caused by Falling Asleep at the Wheel

Bend/Portland Trucking Accident Lawyers Share FMCSA Regulations and Liability on Oregon Trucking Accidents Caused by a Truck Driver Falling Asleep at the Wheel

The Federal Motor Carrier Safety Administration, or FMCSA, is a federal agency which promulgates regulations for truck drivers no matter what state the truck is in, going to, or from.  These regulations are largely about safety.  One of the most important sections of law is the hours of service regulations.  This regulations, also known as HOS regulations, dictate how long a truck driver can operate a commercial vehicle.  This is important for several reasons.  First, driving a truck is physically exhausting and rest periods are needed.  Second, driving a truck is all about making deliveries as fast as possible to get paid.  Thus, truck drivers who drive more get paid more.  But neglecting sleep can be downright dangerous for everyone.  Falling asleep at the wheel could easily result in the wrongful death of innocent people.  Learn more about the HOS regulations and liability for Oregon trucking accidents from our Bend/Portland trucking accident lawyers.

What are Hours of Service (HOS) Regulations?

The Hours of Service regulations may be the most important in the FMCSA.  It may also be the most checked by law enforcement and the most convincing to a jury if there were violations.  This is because the HOS regulations are meant to keep truck drivers well-rested and not fatigued.  This keeps truck drivers from falling asleep at the wheel or having delayed reactions to crashes.  Essentially, this is how the government can keep people safe.

The most important FMCSA regulations on HOS include the following:

  • Maximum 14 hours on shift (working), immediately followed by a minimum of 10 hours off shift (resting);
  • Maximum of 10 hours driving in the 14 hours on shift;
  • Maximum of 8 hours of consecutive driving without taking a minimum 30 minute break;
  • Maximum 60 hours per 7 days, or 70 hours per 8 days.

Types of Oregon Trucking Accidents Due to Falling Asleep at the Wheel

When a truck driver violates the FMCSA regulations on hours of service, it could lead to careless or negligent trucking accidents.  This includes fatigued truck drivers causing serious accidents.  The fatigue could result in deadly accidents such as when a truck driver falls asleep at the wheel.  The most common types of Oregon trucking accidents caused by a truck driver falling asleep at the wheel or who is fatigued include the following:

  • Rear end collisions;
  • Side-swipe accidents;
  • Crossing the center line;
  • Going off the roadway;
  • Head on impacts;
  • Rollovers;
  • Jackknifed trucks; and
  • Many other types of crashes.

Falling Asleep at the Wheel is a Very Serious and Potential Deadly Mistake

If you or a loved one were seriously injured or wrongfully killed due to a truck driver falling asleep at the wheel, being fatigued, or otherwise being tried, you may be entitled to compensation under Oregon law.  f you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. 

Spinal Cord Injuries Caused by Oregon Trucking Accidents: Portland 18 Wheeler Wreck Lawyers

Portland 18 Wheeler Wreck Lawyers Explain Spinal Cord Injuries Caused by Oregon Trucking Accidents

All motor vehicle accidents are very dangerous and can lead to serious personal injuries.  This is particularly true of Oregon trucking accidents with 18 wheelers, logging trucks, big rigs, box trucks, and other large commercial vehicles.  These tractor trailers are significantly heavier than other types of motor vehicles.  This means they generate significantly more momentum and result in more forceful impacts.  Victims involved in trucking accidents are more likely to suffer from serious personal injuries because fo the increased force.  One of the most common injuries are spinal cord injuries.  Our Portland 18 wheeler wreck lawyers explain how dangerous and devastating spinal cords injuries are and what damages a victim may be entitled to.

Understanding the Spinal Cord

The spinal cord is the soft, gelatinous structure that is in the middle of the spinal column composed of vertebrae to protect the vulnerable spinal cord.  The spinal cord is part of the central nervous system, which is comprised of the brain and the spinal cord.  The main purpose of the spinal cord is to be the messenger super highway between the brain and the peripheral nervous system which extends out of the spinal column.  These messages include for movement, sensation, and other important functions.

Types of Spinal Cord Injuries

There are general types of spinal cord injuries which could be caused by Oregon trucking accidents.  The first are incomplete spinal cord injuries which are when the spinal cord sustains partial damage which may impair or limit some function.  This means that some signals may be sent between each other but not usually the total amount.  The second are complete spinal cord injuries which are when the spinal cord suffers a total and full severance.  This means that messages between the brain and the part(s) of the body below the spinal cord damage will not reach each other.

Paralysis from Oregon Trucking Accidents

Spinal cord injuries generally result in a form of paralysis.  There are two common types of paralysis that must people have heard of.  They are paraplegia and quadriplegia.  Both forms can be incomplete (some possible function and sensation left) or complete (lack of function and sensation).

Paraplegia is a spinal cord injury affecting the lower extremities and lower torso.  This particularly means the legs and feet.

Quadriplegia is a spinal cord injury affecting everything below the neck or upper chest.  This means the arms, legs, and torso have some decreased or lack of functioning.  

Other Spinal Cord Injuries from Oregon Trucking Accidents

In additional to paralysis, there are other possible spinal cord injuries which could occur.  This includes some of the following injuries:

  • Fractures, including compression fractures to the vertebrae which could compress on the spinal cord;
  • Brown-Sequard syndrome – damage to a part of the spinal cord with shuts down, causes decreased sensation, movement, or feeling on just one side of the body below the injury; 
  • Nerve damage – the nerves coming out of the spinal cord could become damaged and cause pain or decreased function; and
  • Many other common causes.

Ask our Portland 18 Wheeler Wreck Attorneys for Help

Spinal cord injuries are catastrophic injuries that could be caused by trucking accidents in Oregon.  If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. 

Disabled Truck and FMCSA Regulations: Oregon Trucking Accident Lawyers

FMCSA Regulations Governing Disabled Trucks are to Protect Other Motorists: Oregon Trucking Accident Lawyers

The trucking industry is an interstate business, meaning that it takes place across many different states.  Because of this, it can be difficult to regulate the conduct, equipment, and other elements of commercial trucks and truck drivers.  This is why there is a federal agency in charge of promulgating regulations relating to the conduct of truck drivers and trucking companies.  The Federal Motor Carrier Safety Administration (FMCSA) has created many different regulations which apply to commercial trucks and truck drivers.  One of the most important sections of regulations include those governing disabled trucks.  Our Oregon trucking accident lawyers share the dangerous, regulations, and liability regarding disabled trucks and FMCSA violations.

Why are Disabled Trucks so Dangerous?

Commercial trucks like 18 wheelers, tankers, logging trucks, delivery vans, and other box trucks are huge.  They are hard to miss given their massive size.  However, it is actually very common for disabled trucks to pose a very serious risk to other motorists.  This is particularly true during inclement weather such as rain, snow, sleet, fog, or other weather vents.  And it is even truer during the night, especially on dark roads that are not well-lit or lit at all.

When a large commercial truck is in the shoulder of a roadway at night or during inclement weather, it is a hidden trap.  It is simply not expected to be there.  But when that truck is sticking out into the right-of-way or even blocking a lane of travel, a disabled truck is a very serious threat and hazard to motorists.  Indeed, it is not uncommon for innocent drivers to t-bone, rear end, or otherwise collide with a disabled truck.  Since these trucks are massive and very heavy, it is usually the innocent person that is injured.

FMCSA Regulations Regarding a Disabled Truck

The FMCSA recognizes how dangerous disabled trucks really are to other motorists.  This is why the FMCSA has promulgated an entire section of law just to disabled trucks.  The goal is to make disabled trucks less dangerous by increasing their visibility and warning oncoming traffic about their presence.

The important section of law is 49 CFR section 392.22 which creates two important responsibilities of a truck driver of a disabled commercial vehicle.  First, as soon as a commercial truck becomes disabled the truck driver must immediately turn on his or her vehicular hazard warning signal flashers.  This is done to immediately warn all other vehicles coming from either direction that there is a commercial vehicle there.  Second, a truck driver must within 10 minutes of being disabled place certain warning devices.  Under the sections, the warning devices or signals must be placed in the following locations:

  • 4 paces/10 feet from the disabled truck towards oncoming traffic;
  • 40 paces/100 feet from the disabled truck towards oncoming traffic; and
  • 40 paces/100 feet from the disabled truck towards approaching traffic.

Warning devices and signs could be reflective signs or triangles, flares, flashing signs, or other warning devices that clearly indicate there is a hazard coming up.

Disabled Truck Liability for Violating FMCSA Regulations

When a commercial vehicle violates a FMCAS regulation that is meant to keep other people on or around the roadways safe, the truck driver and trucking company may be liable for the Oregon trucking accident.  A victim may even use the violation of an FMCSA regulation as evidence of negligence against the truck driver and trucking company under the doctrine of negligence per se.  This is a powerful doctrine which allows a victim harmed by the violation of a statute or regulation meant to protect them.  

If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

We handle cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. 

Portland Trucking Accident Lawyers Explain Why Bad Weather is Not an Excuse for an Oregon Trucking Accident

Bad Weather is Not an Excuse for an Oregon Trucking Accident: Portland Trucking Accident Lawyers

A truck driver that blames bad weather for an Oregon trucking accident is possibly negligent.  This is because bad weather is simply not an excuse for an 18 wheeler wreck on Oregon’s roadways.  It does not matter if it was a blinding snow squall or heavy fog, slippery and icy roads or the blazing sun, any weather-related conditions that cause a big rig crash are the fault of the driver.  Usually that is the driver complaining about the weather.  This is because Oregon vehicle and traffic law and federal regulations require all motorists to take into consideration the weather and condition of the highway.  This means possibly driving slower than the posted speed limit or even stopping until driving can be safely resumed.  Learn more from our Portland trucking accident lawyers and how bad weather is not an excuse for personal injuries.

Oregon Vehicle and Traffic Law Does Not Allow Bad Weather as an Excuse for a Trucking Accident 

It may seem like a plausible idea to blame an “act of God” like bad weather on a trucking crash.  However, Oregon vehicle and traffic law points the onus on the motorist to take the weather into consideration when operating a motor vehicle.  This includes commercial vehicles like big rigs, tractor trailers, logging trucks, and other box trucks.  

Under ORS 811.100, it is a violation of the Oregon basic speed rule “if the person drives a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to all of the following: (a) The traffic . . . (d) Weather.  (e) Visibility.  (f) Any other conditions then existing.”  A commercial truck driver that causes an Oregon trucking accident in inclement weather may automatically be liable to a personal injury victim under the doctrine of negligence per se.  This doctrine finds that a statute violator liable for harm caused to a victim who was supposed to be protected by the statute.

Federal Regulations Under the FMCSA Do Not Allow Bad Weather to be an Excuse for Trucking Accidents

Since trucking is an interstate business, meaning it spans several states across the country, there is a federal agency which promulgated regulations that apply to truck drivers and trucking companies no matter what state the truck is driving through.  These regulations are by the Federal Motor Carrier Safety Administration (FMCSA).  Unlike the violation of Oregon statutory law, a violation of a FMCSA regulation is only evidence of negligence and not an automatic finding.

The relevant FMCSA regulation is 49 CFR section 392.14, which provides that “[e]xtreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction.”  Further, if a commercial truck cannot be safely operated during the potentially hazardous weather, a truck driver MUST stop and only resume when safe travel and be made.

Victims of Bad Weather Oregon Trucking Accidents Should Call Our Portland Trucking Accident Lawyers

Bad weather is not an excuse for an Oregon trucking accident.  Truck drivers and trucking companies may be liable for serious trucking accidents caused due to bad weather crashes under Oregon statutory law and FMCSA regulations.  If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. 

Paraplegia From Oregon Trucking Accidents: Explained by Our Portland Trucking Accident Lawyers

Understanding Paraplegia from Oregon Trucking Accidents: Our Portland Trucking Accident Lawyers Share Important Details

Any motor vehicle accident could result in serious personal injuries.  But collisions with large commercial vehicles like big rigs, logging trucks, semi tractor trailers, 18 wheelers, and other box trucks are more likely to cause catastrophic injuries.  One of the most serious personal injuries is paraplegia.  This is caused by damage to the spinal cord which results in debilitating disability to the lower extremities.  Our Portland trucking accident lawyers know that paraplegia injuries from 18 wheeler wrecks are serious personal injury cases that rely heavily on the law and medicine to prove the case.

What is Paraplegia?

Paraplegia is an injury to the spinal cord which affects the lower extremities.  This includes the legs and part of the torso.  According to government research, approximately 40% of all spinal cord injuries are paraplegia.  The location of the injury determines where the paraplegia begins, the severity, and the level of sensation, movement, and other function.  

There are two general types of paraplegia.  The first is an incomplete paraplegia injury.  This is when the spinal cord is damaged but still intact.  Some messages may still be able to be sent between the lower extremities and the brain by way of the spinal cord.  These messages may be muted, meaning they are weaker, less fine motor, or inaccurate.  With some physical therapy and occupational therapy, some individuals are able to retain additional function.

The second type of paraplegia is a complete paraplegia injury.  This is when the spinal cord is damaged to a great extent and it is completely severed.  This means that messages between the lower extremities and the brain are cut off and there is no communication.  It is very rare for any surgery or therapy to return function or sensation.

Oregon Trucking Accidents Causing Paralysis Injuries

Impacts from large commercial trucks disperse a lot of force and momentum.  This force can easily twist steel and crush the hard, protective vertebrae that we have around our spinal cord.  As a result, paraplegia injuries are more common in Oregon trucking accidents than in other auto accidents.

Some of the most common ways that paraplegia injuries are caused by trucking accidents and big rigs crashes include the following:

  • Rear end collisions;
  • High speed crashes;
  • T-bone crashes;
  • Rollover crashes;
  • Jackknife crashes;
  • Head on collisions;
  • Sideswipe crashes;
  • Improper merging into highways;
  • Unsecured cargo; and 
  • Many other types of crashes.

Ask Our Portland Trucking Accident Lawyers for Help if You Suffer from Paraplegia from a Big Rig Wreck

If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. 

Oregon Rear End Trucking Accidents: Bend/Portland Trucking Accident Lawyers

Understanding Liability for Oregon Rear End Trucking Accidents from Our Bend/Portland Trucking Accident Lawyers

One of the most common motor vehicle accidents is the rear end collision.  While sometimes it can be a minor inconvenience to your day, other times it could result in life-threatening injuries.  This is particularly true when the rear end collision is caused by a large commercial vehicle like a tractor trailer, logging truck, delivery van, big rig, or other box truck.  Oregon rear end trucking accidents can result in catastrophic, permanent, and even fatal personal injuries.  Learn how personal injury victims may be entitled to compensation if they were injured in an Oregon rear end trucking accident from our Bend/Portland trucking accident lawyers.

Liability for Oregon Rear End Trucking Accidents

There are two ways that a victim of an Oregon rear end trucking accident could prove liability.  The first way is through the common law (judge-made law).  As most people already know, it is generally understood that the vehicle which collides with another vehicle from the rear is at fault for the crash.  This is because motorists must exercise reasonable care in the use and operation of their motor vehicle.  Reasonable care includes leaving adequate distance between the next vehicle to ensure that the driver can stop without causing a rear end collision.  When a driver fails to do that and causes a rear end collision, it may be negligence and allow a victim to recover damages for the crash.

Second, a personal injury victim may be able to use the doctrine of negligence per se to automatically prove liability.  This legal doctrine allows a victim who was harmed by the violation of a statute which was meant to protect the victim to hold the violator liable for negligence.

In a rear end collision, the applicable statute is ORS 811.485 which governs following too closely.  This statute has two important subsections which may apply.  The first is subdivision (a) which provides a person is following too closely when he or she:

“Drives a motor vehicle so as to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon, and condition of, the highway.” 

This is the general provision and allows to all motorists, including truck drivers.

In addition, subdivision (b) applies specifically to truck drivers and provides that a person is following too closely when he or she:

“Drives a truck, commercial bus or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district or upon a freeway within the corporate limits of a city and follows another truck, commercial bus or motor vehicle drawing another vehicle without, when conditions permit, leaving sufficient space so that an overtaking vehicle may enter and occupy the space without danger. This paragraph does not prevent a truck, commercial bus or motor vehicle drawing another vehicle from overtaking and passing a vehicle or combination of vehicles.”

If either of these subdivisions are violated, it is possible for a truck driver to be held automatically negligent under the doctrine of negligence per se.  While there are some other legal requirements to use this important doctrine, it is an important tool in a personal injury victim’s arsenal to win his or her case.  This is why it is important to retain a Bend trucking accident lawyer or Portland trucking accident lawyer who knows the law and is able to defend your rights.

Victims of Rear End Collisions and Oregon Trucking Accidents Should Call our Bend/Portland Trucking Accident Lawyers

Rear end collisions are one of the most common motor vehicle accidents and sometimes one of the most devastating.  This is particularly true with large commercial vehicles which could cause catastrophic injuries such as spinal cord injuries, traumatic brain injuries, paralysis, nerve injuries, and other serious personal injuries including wrongful death.  

If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. 

Brain Injuries from Oregon Trucking Accidents: Bend/Portland Trucking Accident Lawyers

Types of Brain Injuries from Explained by Our Bend/Portland, Oregon Trucking Accident Lawyers

One of the most serious personal injuries that a victim in an Oregon trucking accident could sustain is a brain injury.  While common in all auto accidents, brain injuries are more common due to the sheer size and weight of commercial vehicles.  This larger size generates more momentum which is more likely to exert force through the strong skull bones and damage the brain.  Because of this, 18 wheeler wrecks are more likely to result in brain injuries.  These brain injuries are also more likely to be severe, permanent, and debilitating.  Our Bend/Portland trucking accident lawyers explain the more common types of brain injuries and how they could result in catastrophic disability below.

Two Types of Head Injuries 

Generally, there are two types of head injuries.  Both could be caused by an Oregon trucking accident.  Additionally, both types of head injuries could result in serious personal injury and disability, including permanent loss of use, catastrophic disability, and significant loss of cognitive functioning.  The two general types of head injuries which could cause serious brain injuries in Oregon trucking accidents include the following:

Open head injuries – This is when the skull is fractured.  The fracture could be from the blunt force trauma, or it could be from a piercing injury through the skull.  In either situation, the brain can be exposed and susceptible to damage.

Closed head injuries – As the name implies, the skull is not penetrated, fractured, or damaged in a manner to expose the brain to the outside world.  However, the extent of the injury has lead to damage inside of the brain which causes serious damage.

Types of Brain Injuries from Oregon Trucking Accidents 

Both types of head injuries could be devastating.  Open head injuries are devastating because there is a foreign object inside of the head and into the brain.  If debris or physical damage slices into the brain, it could easily result in a person’s wrongful death.  Closed head injuries are dangerous because the skull and spinal column are in a “closed” system.  This means that there is certain autonomous regulation to keep a consistent intracranial pressure in the skull and spinal column.  But closed head injuries could cause swelling and bleeding in the skull which dramatically increase the intracranial pressure.  This could result in catastrophic injury and even wrongful death.  Thus, both open and closed head injuries are devastating.

With 18 wheeler wrecks and big rig crashes, there are some common brain injuries and traumatic brain injuries which include the following:

Coup-Contrecoup injuries – because the brain is suspended in fluid in the skull, when the skull is violently shaken or hit, the brain could slide around in the skull and sustain injury.  For example, in a rear end trucking accident the brain could violently launch forward and hit the front of the skull and cause injury.  Then the whiplash reaction would violently yank the brain backwards which could cause damage to the back end of the brain.  Thus, the brain would have injuries on the front and back of it.  This is incredibly devastating and dangerous because it could quickly increase intracranial pressure.

Concussions – while probably the most common brain injury which most people do not think is serious, some concussions can be absolutely catastrophic.  Serious concussions in Oregon trucking accidents could result in permanent and debilitating injury such as memory loss, loss of vision, loss of taste, speech problems, inability to formulate thoughts, and difficulty carrying out normal, every day functions.  Concussions are incredibly serious and should always be evaluated by a trained healthcare provider and then a lawyer.

Penetrating injuries – due to the sheer size and weight of commercial trucks, a violent collision could result in twisted steel and significantly damaged vehicles.  This means that debris could kick up and pierce into a person’s head and damage the brain.  Just how being shot in the head is often life-threatening and life-changing, penetrating injuries in trucking accidents are incredibly dangerous and sometimes fatal.  

Diffuse Axonal injuries – due to the violent shaking and impact, brain tissue could literally by torn, ripped, or otherwise damaged in a trucking accident.  This means that serious catastrophic injury could be caused when parts of the brain are damaged or separated from the other parts due to the damage of a collision.

Brain Injury Victims of Oregon Trucking Accidents Need to Call Our Bend Oregon Lawyers and Portland Oregon Lawyers

All brain injuries are potentially devastating and life threatening.  Some incredibly catastrophic brain injuries are likely to be traumatic brain injuries, which means that victims need to ensure their rights are protected to compensation for future services like nursing care, medical procedures, and at-home equipment installations.  

If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.