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.