Oregon Trucking Accident Caused by Running a Stop Sign

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Injured from Oregon Trucking Accident Caused by Running a Stop Sign

Vehicle and traffic laws are in place to help create orderly function of our roadways.  These laws are also in place to help protect people from foreseeable harm.  Many vehicle and traffic laws are aimed at protecting individuals from injuries in an Oregon trucking accident.  One of the most common types of accidents which usually result in very serious or significant injuries includes running a stop sign.  This type of big rig crash can result in catastrophic personal injuries because running a stop sign usually results in t-boning another vehicle.  T-bone trucking accidents are usually catastrophic, especially when the tractor trailer is t-boning a smaller passenger vehicle.  Therefore, an Oregon trucking accident caused by running a stop sign could be fatal.

Our Oregon trucking accident lawyers know how dangerous and potentially deadly this can be for innocent people when big rigs running a stop sign cause an 18 wheeler wreck.  Victims who are seriously injured in trucking accidents may suffer extreme pain and suffering, have significant lost wages, and suffer catastrophic hardship including toppling medical bills.  Unfortunately, many vehicles that are involved in a truck wreck due to running a stop sign could result in the wrongful death of a loved one.  This means that victims and their families may be entitled to compensation for burial costs and funeral expenses.

Liability for Running a Stop Sign

There are two ways to establish liability when a large commercial truck caused an explosive crash due to running a stop sign.  First, the common law (or judge-made law) provides that all motorists must use reasonable care when operating a motor vehicle to avoid causing foreseeable harm to other motorists.  When a motorist runs a stop sign when he or she is supposed to stop, he or she is not acting reasonably.  When these unreasonable actions result in serious personal injuries, that could result in a finding of negligence.

Second, the violation of a statute is known as negligence per se.  The failure to stop at a stop sign is a driver’s failure to obey a traffic control device under ORS section 811.265.  The violation of this statute is meant to both 1) create orderly function on the roads, and 2) prevent foreseeable harm to other motorists.  Where a truck driver runs a red light and causes a personal injuries in a collision, a victim suffering those personal injuries may be able to automatically find the truck driver negligent by virtue of the truck driver violating the statute.  This is known as the doctrine of negligence per se.

In addition, a trucking company may be liable for the negligence of a truck driver that the trucking company employs.  This is known as the doctrine of respondeat superior and all the victim must show is that the truck driver was operating within his or her scope of employment when the crash occurred.  This is because companies are liable for the actions fo their employees.

Ask our Oregon Trucking Accident Lawyer for Help if a Truck Driver Running a Stop Sign Caused Your Personal Injuries

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 Accident Causing a Concussion: What Are My Rights?

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Protect Your Rights After an Oregon Trucking Accident Causing a Concussion Costs You Big

One of the most severe types of personal injuries after any type of motor vehicle accident is a traumatic brain injury.  Also known as a TBI, a traumatic brain injury affects the way the brain functions and could have permanent, debilitating effects. One of the most common types of traumatic brain injuries is a concussion. While most people have heard of a concussion through the recent news in sports, particularly football, an Oregon trucking accident causing a concussion is much different. This is because of the large size and heavyweight of a commercial vehicle like a semi-tractor trailer, delivery van, logging truck, or other 18 wheeler which generate significant momentum.  These massive vehicles causing concussions simply are not comparable to another football player hitting a victim.

When a person suffers a concussion after an Oregon trucking accident, he or she may be entitled to damages. Under Oregon law, damages is the measure of relief that a party may recover in a lawsuit. In a personal injury action such as in Oregon trucking accident, damages are typically pecuniary. Therefore, victims in an organ trucking accident may be entitled to the following monetary compensation:

  • Pain and suffering
  • Lost wages
  • Lost future earnings of unable to return to the same job due to disability
  • Loss of consortium or loss of services and affection loved ones and family members
  • Medical bills and future medical expenses
  • Expenses for nursing care, including around-the-clock care when older
  • Property damage
  • Therapy needs, including physical therapy, speech therapy, vocational therapy, and other types of related therapy
  • Medication cost, and
  • Many other common expenses.

What is a Concussion?

The CDC defines a concussion as “a hit to the body that causes the head and brain to move rapidly back and forth. This sudden movement can cause the brain to bounce around or twisting the skull, creating chemical changes in the brain and sometimes stretching are damaging brain cells.”  This damage to the brain is working cause dysfunction. It is similar to an impact on the muscle which causes bruising and soreness, however the brain does not heal in the same way as a muscle does. 

Rather, the brain generally suffers some type of permanent injury which results in the dysfunction. Sometimes this dysfunction causes temporary or minor disability, however other times it can cause permanent and debilitating disability. Unfortunately, the brain does not always have injuries which show up on imaging studies. The brain also does not heal like a broken bone or torn muscle. In fact, researchers still do not understand all of the brain’s mysteries including how it heals itself or why it will not heal itself after certain injuries.

Debilitating Effects from Concussions

Concussions are a rather difficult type of traumatic brain injury to figure out and assess. This is because concussions are well known and many people do not take them seriously, including some healthcare providers. Unfortunately, this could result in serious injury of a permanent nature to innocent victims. Are Oregon trucking accident lawyer knows that all concussions must be treated seriously and aggressively to prevent further damage and permanent damage. When healthcare providers fail to do so, it can result in debilitating effects from concussions. In other instances, the severity of an Oregon trucking accident could already resulted in debilitating effects.

Some of the most debilitating effects from an Oregon trucking accident causing a concussion include the following:

  • Memory loss
  • Speech impairments
  • Severe headaches and debilitating migraines
  • Inability to focus
  • Issues with problem-solving, including basic functioning
  • Hazy or fogged thinking
  • Difficulty performing basic functions, including brushing teeth or operating a motor vehicle
  • Difficulty eating, drinking, or swallowing
  • Issues with balance or coordination
  • Trouble with voluntary movement
  • Involuntary movement such as tremors or shakes
  • Seizure disorders or epilepsy
  • Brain believes and other serious injuries inside of the head
  • Inability to return to one’s prior job or career
  • Need for permanent and around-the-clock nursing care, even for basic hygiene or living assistance, and
  • Many other common issues.

If an Oregon Trucking Accident Caused a Concussion, Ask Our Law Firm For Help

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. 

Hours of Service Violations Causing Oregon Trucking Accidents

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Portland Trucking Accident Lawyers Share Information on Hours of Service Violations Causing Oregon Trucking Accidents

Nothing may be more dangerous on our roadways than a fatigued or tired truck driver. This is because even an experienced and well-rested truck driver could cause serious 18 wheeler wrecks resulting in catastrophic personal injuries. This is why federal regulations have an acted hours of service rules for truck drivers and trucking companies to comply with. The intent and purpose behind these regulations is for the safety and welfare of others on or around the roadways. When truck drivers and trucking companies willfully violate these hours of service regulations, they are needlessly and unnecessarily exposing us to substantial risk of personal injury. This is because hours of service violations causing Oregon trucking accidents is a serious problem. Our Portland trucking accident lawyers share important information how to protect your rights under state and federal law and regulations.

What are Hours of Service Regulations and Who Do They Apply To?

The Federal Motor Carrier Safety Administration (FMCSA) is the agency that has enacted the hours of service regulations. All truck drivers and trucking companies must comply with these hours of service regulations no matter what state they are from, driving to, or driving in. These federal regulations are the minimum standards that all truck drivers and trucking companies must comply with. However, in areas where Oregon Law is stricter than the federal regulations, a truck driver and trucking company must comply with Oregon.

The intent behind hours of service regulations is to prevent fatigued, sleepy, and otherwise mentally and physically tired drivers from operating large commercial vehicles like 18 wheelers, semi tractor trailers, and other large box trucks.  This is because fatigued driving can delay reaction time and make it more difficult to maneuver a large commercial vehicle.  Hours of service violations causing Oregon trucking accident could result in serious injuries and the wrongful death of innocent people.

The most important hours of service violations under the FMCSA regulations include the following:

  • Maximum 14 hours on shift
  • Of 10 hours off shift or on break following any on shift
  • No more than 10 hours consecutively spent driving
  • No more than eight hours consecutively spent driving without at least a 30 minute break
  • No more than 60 hours spent on shift over any seven consecutive days
  • No more than 70 hours spent on shift over any each consecutive days, and
  • Many rules that apply in different situations.

How Can a Portland Trucking Accident Lawyer Prove Hours of Service Violations

The tricky thing about hours of service violations is that the truck driver and trucking company Control the information regarding how many hours the truck driver has taken a break, been driving, in been on shift for the rest of the week. While many truck drivers and trucking companies are honest, far too many truck drivers and trucking companies are willing to lie and alter their hours to avoid federal violations and liability in a catastrophic trucking accident case. As a victim, this makes proving an hours of service violation case much more difficult.

However, retaining an experienced Portland trucking accident lawyer can help a victim improve his or her case by using certain tricks. Some of these tricks deal with the way to prove a claim. This includes using creative methods to investigate and corroborate the story of a truck driver and trucking company.

Some of the best ways to establish hours of service violations include the following:

  • Investigate gas receipts
  • Toll receipts
  • Delivery bills, contracts, or bills of lading
  • Hotel receipts
  • Use surveillance cameras
  • Cell phone pings and locations, and 
  • Other common methods.

Victims of Oregon Trucking Accidents Due to Hours of Service Violations Should Call our Law Firm

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. 

Types of Skull Fractures from Oregon Trucking Accidents

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Portland Trucking Accident Lawyers Explain the Types of Skill Fractures from Oregon Trucking Accidents

One of the most devastating types of personal injuries in Oregon trucking accidents are skull fractures.  This type of injury can be catastrophic.  The reason why these injuries are so devastating is that it takes a lot of force to fracture the skull.  This is because the skull is a very hard and strong bone which is meant to withstand significant pressure and force.  The purpose of the skull is to protect the brain and it generally does a good job and doing just that.  However, large commercial vehicles like 18 wheelers, tractor trailers, and other box trucks can cause explosive and devastating impacts which could fracture the skull.  There are many types of skull fractures which could be caused by a truck wreck. If this happens, ask our Portland trucking accident lawyers for help with your case.

Victims who suffer a skull fracture from Oregon trucking accidents may be entitled to compensation for their personal injuries.  Compensation includes some of the following:

  • Past pain and suffering
  • Future pain and suffering
  • Lost wages
  • Medical bills
  • Lost future earnings
  • Loss of consortium
  • Property damage
  • Need for physical therapy and other treatment, and 
  • Other injuries or damages caused by the Oregon trucking accident.

Types of Skull Fractures

There are several different types of skull fractures which could be caused by an Oregon trucking accident. These include come of the following types:

  • Simple fracture – this is when the bone breaks by the skin is not pierced and the bone usually stays in place.
  • Compound fracture – this is when the bone breaks and the bone splinters the skin.  This is very dangerous because it usually means that the bone can pierce the brain as well.
  • Linear fracture – this is when the cranial bone breaks and there is a thin line.
  • Stellate fracture  – this is when multiple linear fractures radiate from the site of impact, kind of like a ball hitting a glass pane and causing spider cracks.
  • Basilar fracture – this is a fracture at the base or bottom of the skull (back)
  • Depression fracture – this is a break in the cranial bone that causes a depression like a pothole.  This is dangerous because the depression displaces the space of brain tissue and can damage brain tissue
  • Penetrating fracture – this is when the brain suffers an injury because something fractures through the skull and into the brain.

Complications from Skull Fractures: Traumatic Brain Injuries (TBIs)

Victims who have a skull fracture after an Oregon trucking accident could have serious personal injuries.  The type of skull fractures which could cause the most serious damages and traumata brain injuries (TBIs) include compound fractures, basilar fracture, depression fractures, and penetrating fractures.  Victims with any type of head injury should get medical attention to ensure that they do not have a skull fracture or serious traumatic brain injury.

Ask Our Oregon Trucking Accident Lawyers For Help if You Suffered a Skull Fracture

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. 

If I Was Partially at Fault for a Truck Accident Can I Still Recover? Oregon Trucking Accident Lawyers

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Oregon Trucking Accident Lawyers Explain Comparative Fault: If a Victim was Partially at Fault for a Truck Accident

There are many possible causes for Oregon trucking accidents. This includes a truck driver speeding, driving while fatigued, aggressive driving, failing to yield or stop, and many other common causes. Another common cause could actually be the victim partially at fault for a truck accident. This is not always an issue in a trucking accident, and most times a truck driver, trucking company, or insurance company will blame the victim for causing the accident. Our Oregon trucking accident lawyers know that most trucking accidents are caused by the reckless or careless acts of a truck driver. For a defendant to blame a victim is simply not acceptable.

However, sometimes the actions of a reckless, careless, or negligent truck driver may cause you to have to take evasive actions or unconventional maneuvers in your motor vehicle. After an accident, this may look like you also contributed to or caused and accident given the on orthodox position of your vehicle or movements of your vehicle. This is because a trucking accident happens so fast and natural instincts respond, which sometimes means that a victim cannot follow the exact rule of law for traffic safety. Above all else, a victim needs to protect his or her life, and the life of the victim’s occupants in the motor vehicle which usually are other family members including children.  Thus, it is a sad truth how truck drivers can shift at least some blame on the victim.

Oregon is a Modified Comparative Negligence State

Oregon Law section 31.600 sets forth how a victim who was comparatively at fault may be able to collect for an Oregon trucking accident causing serious or catastrophic personal injuries.  Oregon is a modified comparative fault state. Generally, this means that a victim may recover what ever is awarded to him or her minus the percentage of fault he or she has for causing the subject trucking accident.

For example, if a victim recovers $200,000 for a trucking accident and was 10% at fault, that victim while have his or her award reduced by 10%, or $20,000.  This means that the victim will only be able to recover $180,000.

However, the amount of faults is not limitless. Therefore, if a person is more than half at fault for a trucking accident, he or she may be barred from collecting any recovery. This means that a victim who was 51% or more at fault for a trucking accident may be completely barred from recovering any money to pay for catastrophic injuries if a truck driver for trucking company is found to be less than 49% at fault.

This is why it is always imperative to have Oregon trucking accident lawyers represent you and your family. Truck drivers and trucking companies will try to pass as much blame as they can onto you, the victim, in an effort to prove that you were more than 51% at fault for the Oregon trucking accident. This is because truck drivers and trucking companies snow at Oregon has this modified comparative fault law, which other states have but many other major trucking states do not have such as New York, Florida, California, and New Mexico.

Ask Our Oregon Trucking Accidents Lawyers to Help You if You May be Partially At Fault

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. 

Locations of Spinal Cord Injuries and Disability: Oregon Trucking Accident Lawyers

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Learn the Locations of Spinal Cord Injuries and Disability it Causes from our Oregon Trucking Accident Lawyers

Spinal cord injuries, or SCI, are an injury that could occur in any auto accident.  But this is particularly true in a trucking accident with a large commercial vehicle such as a semi tractor trailer, big rig, box truck, or other 18 wheeler. 

This is because these large vehicles have significantly more momentum and force behind them.  When they collide with another vehicle, the collision can be explosive.  While the spinal cord is usually well-protected by the spinal column’s vertebrae, thick muscle, and cushioning connective tissue, the shockwave from a truck collision could cause damage right these shields.  Our Oregon trucking accident lawyers know this to be true and explain some of the locations of spinal cord injuries and disability that could be caused by the damage.

Basic Spinal Cord Anatomy

The spinal cord is a soft piece of tissue that originates at the base of the skull and extends to the lower back  The brain and spinal cord are part of the central nervous system.  The spinal cord is protected by the vertebrae which make up the spinal column.  Other nerves extend past the spinal cord from the vertebrae and extent to the tips of your fingers and toes.  These nerves govern sensation, movement, and other functions.  These nerves are known as the peripheral nervous system.  The messages from the peripheral nervous system are sent up the spinal cord and to the brain for processing, which is then relayed back down the spinal cord and to the nerves again.

This is how pain works.  For example, if you touch a hot surface with your hand the peripheral nerves will sent the message up the spinal cord and to the brain and say this is hot and painful.  The brain will process the information which says that is bad for the body and whatever is touching the hot surface should get away from that dangerous stimuli.  The brain then sends a message back down the spinal cord to tell your hand to part to move off the hot surface.  The messages travels to the motor nerves of the peripheral nervous system in your hand to tell your hand to move off the hot surface.  

When there is damage to the spinal cord it could result in disability.  Locations of spinal cord injuries and disability all dictate what will and will not be sent up and down the spinal cord for processing.

Damage to the Spinal Cord Prevents Messages

When an Oregon trucking accident causes damage to the spinal cord, it can stop messages from being sent up and down the spinal cord.  This means that the messages from the brain are not being received by the peripheral nervous system to move.  This also means that messages from the peripheral nervous system regarding sensation are not being sent to the brain to process.  

Locations of Spinal Cord Injuries and Disability

The location of the spinal cord injury affects what happens with sensation.  The location is therefore very important when gauging the severity of the spinal cord injury and the disability from an Oregon trucking accident.  Here is a general guide to locations of spinal cord injuries and disability caused by it:

Cervical spinal cord injury (neck) – Injuries here could

affect nearly the entire body.  The closer to the skull, the more likely that a person may be a quadriplegic from a cervical spinal cord injury.  Lower on the neck in the cervical range could result in some function of the arms and upper torso.

Thoracic spinal cord injury (mid-back) – This is a rare spot for a spinal cord injury but it can happen in powerful trucking accidents and 18 wheeler wrecks.  SCIs here cause paralysis or weakness in the legs, including loss of sensation or coordination.  Sometimes injuries can cause bowel, bladder, and sexual dysfunction.  Complications with the legs are much more common than complications with the hands, but that is possible in higher thoracic injuries.

Lumbar spinal cord injuries (lower back) – SCI in the lumbar back can cause weakness and disability to the legs.  Unless it is very high on the lumbar area, there is usually going to be some movement or sensation in the legs—even with a full severance of the spinal cord.  Most lumbar SCIs cause general muscle lack of sensation or function, including the leg muscles, buttocks, and foot.  Sometimes there is sexual dysfunction as well and incontinence issues.

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.

Fatal Trucking Accidents in Oregon: Portland Trucking Accident Lawyers

Learn How to Protect Your Rights in Fatal Trucking Accidents in Oregon from our Portland Trucking Accident Lawyers 

While traumatic brain injuries (TBIs), spinal cord injuries, and amputations are catastrophic damages in a trucking accident, the ultimate personal injury is wrongful death.  Fatal trucking accidents in Oregon are common because of important trucking interstates like I-5, I-82, and I-84.  But not only are these major shipping routes, they are also major transportation highways for the rest of us in smaller, passenger vehicles.  Indeed, interstate trucking accidents are more likely to result in the wrongful death of an innocent person.  When that happens, an entire family unit could be put into disarray due to the negligence of a truck driver or trucking company.  If you have lost a loved one or someone you know in any of the fatal trucking accidents in Oregon, ask our Portland trucking accident lawyers how we can help protect your rights to compensation.

Damages in Fatal Trucking Accident Cases

Families who lose a loved on in a fatal trucking accident case may be entitled to damages.  Damages are typically compensatory in nature.  While no amount of money can bring back a loved one, compensation can help a family continue to pay the bills as if their loved one was still supporting them.  That is one of the overarching goals of a wrongful death action.  Some of the other damages that families may received after fatal trucking accidents in Oregon include the following:

  • Pain and suffering of their lost one;
  • Loss of affection and consortium of their loved one;
  • Lost future earnings from their loved one;
  • Burial expenses;
  • Funeral costs;
  • Medical bills;
  • Property damage;
  • Punitive damages in rare cases; and
  • Other damages related to the Portland trucking accident.

Causes of Fatal Trucking Accidents in Oregon

Our Portland trucking accident lawyers know that there are many possible causes of a fatal trucking accident in Oregon.  Many times these trucking accidents are completely preventable.  However, careless and reckless conduct by truck drivers could result in needless harm to innocent people.  Some of the most common causes of a fatal trucking accident include the following:

  • Fatigued driving (HOS violations);
  • FMCSA violations;
  • Crossing the center line;
  • Speeding;
  • Drunk driving or drugged driving;
  • Inexperience;
  • Mechanical defects;
  • Improper left turns;
  • Failing to use hazard lights after becoming disabled;
  • Aggressive driving;
  • Unsafe lane changes;
  • Jackknifed trucks; and
  • Many other common causes.

Oregon Law and Fatal Trucking Accidents 

There is usually a lot of uncertainly after a wrongful death who will commence a wrongful death action.  Under Oregon law, a family member is the most likely person who may file a wrongful death against.  This is because ORS section 30.020 provides certain individuals who may file a wrongful death claim and give preference to spouses, children, parents, or others previously appointed.  Individuals may also petition the court to be the personal representative of the estate agains a negligent truck driver or trucking company.  

It is important to note that the time period to commence a wrongful death action in Oregon is three years from the date of the deceased individual’s last injury contributing to his or her death.  This is different than some other states which start the time limit from the date of death.  This law is known as the statute of limitations period which is a time limit on claims.  Even perfectly viable claims may be dismissed after the statute of limitations period.  This is an important procedural requirement to comply with.

Ask Our Portland Trucking Accident Lawyers for Help with Any Fatal Trucking Accident Case 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, 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. 

Truck Driver Falling Asleep at the Wheel: Oregon Trucking Accident Lawyers

Liability when a Truck Driver Falling Asleep at the Wheel Causes an Oregon Trucking Accident

Large commercial vehicles like semi tractor trailers, box trucks, 18 wheelers, and other big rigs are dangerous when driven by an alert and attentive driver.  But when a truck driver is fatigued or sleepy and falls asleep at the wheel, these massive vehicles become unguided missiles on the roadway.  These large trucks are a battering ram through other vehicles and only stop when their momentum is finally dispersed.  Given their large size, it takes quite a bit for these 18 wheelers to finally stop.  Our Oregon trucking accident lawyers know that these types of serious trucking accidents could be catastrophic and result in very serious personal injuries.  

We also know that these types of accidents are against the Oregon state law and federal regulations under the Federal Motor Carrier Safety Administration (FMCSA).  Victims who are injured in these serious types of trucking accidents can use these statutes as a way of proving liability to help recover damages.

Oregon Statutes Against Driving While Fatigued

Oregon does not have a specific driving while fatigued, drowsy, or sleepy statute.  However, Oregon has state laws against careless driving and reckless driving.  Under ORS section 811.135, a motorist “commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in the section in a manner that endangers or would be likely to endanger any other person or property.”  Without a doubt, a truck driver who is operating a large commercial vehicle and is drowsy and falls sleep at the wheel could be said to be violating this statute.

In addition, reckless driving is defined under ORS section 811.140 which provides that a motorist “commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property.”  A driver is defined to be reckless when “used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.”

If a truck driver knows that he or she is fatigued and tired, or even nodding off, continuing to drive the large commercial truck could result in a finding of reckless driving.  At a minimum it could result in a finding of careless driving.

FMCSA Regulations Against Driving While Fatigued

While Oregon relies on statutory definitions and how judges will interpret and apply the facts (common law), the federal regulations by the FMCSA are much stricter.  Indeed, the FMCSA regulations explicitly state that fatigued driving could result in liability.  Specifically, 49 CFR 392.3 provides that “[n]o driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”  

Therefore, any truck driver that violates this section of the FMCSA regulations could be liable for serious personal injuries.  This is because the violation of this regulation which causes an injury could be evidence of negligence.

Injured by a Truck Driver Falling Asleep?  Ask Our Oregon Trucking Accident Lawyers For Help

A truck driver falling asleep at the wheel and causing a serious trucking accident should be liable for the serious injuries caused by the negligent crash.  Even though it is an accident, trucking is a time is money business.  The more deliveries that more money the truck driver and trucking company could make.  Far too many truck drivers and trucking companies put their money over your safety.  Make sure to hire our Oregon trucking accident lawyers to prevent them from taking over your rights next.

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. 

Causes, Liability, and Damages of Head on Trucking Accidents: Oregon Trucking Accident Lawyers

Learn the Common Causes, Liability, and Common Damages from Head On Trucking Accident in Oregon

There are few types of trucking accidents worse than a head on collision.  As the name implies, head on collision is when the front of two vehicles collide together.  This is a devastating type of auto accident because two opposite forces are combining.  This results in a significant amount of force upon impact.  Due to the large size and heavy weight of a commercial vehicle like a logging truck 18 wheeler, or other box truck, generally whatever it hits will be catastrophically damaged.  This usually translates into victims being seriously injured with permanent and disabling injuries, or being wrongfully killed.  Learn about the common causes of head on collisions, liability, and common damages from our Oregon trucking accident lawyers.

Common Causes of Head On Collisions

There are many causes to any type of auto accident or trucking accident.  But there are certain common causes of head on trucking accidents.  Most of the common causes of Oregon trucking accidents are avoidable with reasonable care as a driver.  Unfortunately, far too many truckers do not use reasonable care and take needless, reckless, and careless risks that could cause serious injury.

Some of the most common causes of Oregon head on collisions with large trucks include the following:

  • Distracted driving;
  • Fatigued driving including falling asleep at the wheel;
  • Speeding;
  • Improper lane changes;
  • Cell phone use;
  • Failing to take the weather conditions under consideration;
  • Aggressive driving;
  • Truck driver inexperience;
  • Mechanical errors;
  • Tire blowouts; and
  • Many other common causes.

Liability for Head On Collisions with Large Trucks

Most of the common causes of head on trucking accidents noted above are due to negligence.  This is because the common causes could be avoided if a truck driver acts with the proper care required.  Under the common law, or judge-made law, a truck driver must use reasonable care under the circumstances in the use or operation of his or her vehicle.  This is the duty of care that all motorists owe to other motorists.  A motorist who fails to comply with this duty could be found to be negligent.

Truck drivers also must comply with Oregon vehicle and traffic law.  Violating any vehicle and traffic laws, like stopping at stop signs or red lights, failing to yield, speeding, or other traffic law violations, could result in trucking accidents.  When the violation of a vehicle and traffic law causes a trucking accident, that truck driver could be found automatically negligent through the doctrine of negligence per se.  This doctrine applies when a statute is meant to protect someone from harm, but another person violates the statute and causes harm.

Finally, truck drivers most comply with the Federal Motor Carrier Safety Administration (FMCSA) regulations.  These regulations govern safety, equipment, truck drivers, trucking companies, and a whole litany of other pertinent considerations.  If a truck driver or trucking company fail to comply with these regulations, it could result in a finding of evidence of negligence.

Damages for Head On Collisions with Trucks

Any damages that are proximately caused by a head on trucking collision could be compensated under Oregon law.  Common injuries could be traumatic brain injuries, amputations, spinal cord injuries, and wrongful death.  But any injury that is related to a crash may be compensated.  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. 

Running Red Lights and Causing Oregon Trucking Accidents: Portland Trucking Accident Lawyers

Oregon Trucking Accidents Caused by Running Red Lights

Even before we get behind the wheel, we know that a green light means go, yellow means caution and slow, and red means stop.  Yet, far too many drivers fail to use caution at yellow lights and stop at red lights.  This is why intersections are considered to be one of the most dangerous places on the roadway.  Drivers who fail to stop at a red light are places themselves and others are serious risk for personal injuries or wrongful death.  Many t-bone collisions or head-on collisions are catastrophic and fatal.  This is especially true when a large commercial truck like a big rig, 18 wheeler, tanker, or other box truck runs a red light and results in an Oregon trucking accident.  Our Portland trucking accident lawyers know just how dangerous these types of crashes are and why you need to retain the right kind of personal injury lawyer for your case.

Running Red Lights Violates Oregon Vehicle and Traffic Law

Although it is common sense to not run a red light, this is ingrained in society because of the vehicle and traffic law.  Under Oregon Law, ORS 811.265 governs a driver’s failure to obey traffic control devices.  Subsection (1) provides that “[a] person commits the offense of driver failure to obey a traffic control device is the person drivers a vehicle and the person does any of the following: (a) Fails to obey the directions of any traffic control device. (b) Fails to obey any specific traffic control device described under ORS 811.260 . . . in the the manner required by that section.”

These offenses under both subsection (a) and (b) include a red light.  A driver who runs a red light is violating both subsections and is potentially liable for the offense.

Establishing Personal Injury Liability for Running a Red Light

When a truck driver runs a red light and causes personal injuries, it could result in serious consequences for the injured victim and his or her family.  This is why Oregon, like most states, as the doctrine of negligence per se.  This doctrine allows a victim who was supposed to be protected from a statute to hold a violator who harms the victim automatically liable.  There are certain elements that a victim must establish for this doctrine to apply, including that the victim did not violate a statute, the defendant actually did violate the law, the law was meant to protect the victim in the manner in which the victim was harmed, and that no other pertinent defense applies to the defendant (emergency, directed by police, medical emergency).

Truck Drivers that Run Red Lights Need to be Held Accountable

A truck driver who runs a red light is placing everyone in grave danger of being seriously injured or wrongfully killed.  This is because a truck driver who fails to comply with Oregon law, including the most basic laws relating to stopping at a red light, is unnecessarily harming innocent people.  Large commercial vehicles frequently cause catastrophic injury and wrongful death due to their large size.

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.