Centerline Trucking Accidents in Oregon

centerline trucking accidents in oregon portland trucking accident lawyers

Understanding Oregon Law When a Tractor Trailer Crosses the Centerline in Oregon

Centerline violations are particularly dangerous.  This is because another motorist is crossing into the direct pathway and right-of-way of another vehicle.  Almost all centerline violations are due to the negligence of another motorist.  When it comes to large commercial trucks crossing the centerline, the negligence could also be caused by a maintenance companies, mechanic, or other product manufacturer that installed or made the brakes, steering column, wheels, or other equipment on the truck.  These means that victims may be entitled to recover compensation for their injuries.  And those injuries from centerline trucking accidents in Oregon could be catastrophic and devastating.

Our Portland trucking accident lawyers know just how catastrophic and devastating these injuries could be.  Victims could be seriously injured when their smaller, passenger vehicle is fit head on by a large commercial truck like an 18 wheeler, semi tractor trailer, tanker, or other big rig.  Head on collisions are some of the most explosive and devastating types of collisions which could result in devastating personal injuries.  Victims could be permanently disabled or wrongfully killed even on local roads.  But when centerline violations occurred on highways and interstates, it is incredibly likely for victims to lose their life.

Cross the Centerline is Usually Illegal

Under Oregon law, ORS 811.310 provides that a person is prohibited from crossing the centerline unless 1) authorized by traffic signs, 2) when there is an obstruction in the roadway and it is necessary to cross the centerline to avoid the obstruction, or 3) when making a turn into an intersection, alley, or private road or driveway.  All of these turns must be made when it is safe and no other vehicle presents an immediate hazard to the vehicle crossing the centerline.

Common Causes of Centerline Violations

There are many common causes of centerline violations which could be caused by the negligence of another motorist.  The most common causes of centerline trucking accidents in Oregon include the following:

  • Falling asleep at the wheel or drowsy driving
  • Speeding
  • Drunk driving
  • Drugged driving, including the use of cocaine which is common among truck drivers to stay away long hours
  • Distracted driving, including cell phone use, GPS, radio, hand-held radio, and eating
  • Inexperience 
  • Aggressive driving
  • Rushing to make a delivery on time
  • Braking errors
  • Steering column failures
  • Wheel or tire blowouts, and
  • Many other common causes.

Common Injuries from Centerline Trucking Accidents in Oregon

There are many possible injuries which could be caused in a centerline trucking accident,  Unfortunately, the most common personal injuries are all catastrophic because of the nature of a head on collision being so explosive and dangerous.  The most common injuries include the following:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Brachial plexus nerve injuries
  • Amputations
  • Broken bones or fractured bones
  • Organ injuries
  • Disfigurement 
  • Head injuries
  • Nerve damage
  • Blindness
  • Burn injuries
  • Orbital blowout fractures
  • Need for surgery, including life-saving procedures
  • Paralysis such as paraplegia or quadriplegia
  • Wrongful death, and
  • Other serious personal injuries.

Injured by a Truck That Crossed the Centerline?  Call Our Portland Trucking Accident Lawyers Today

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. 

Injured Due to Hours of Service Violations: Oregon Trucking Accident Lawyers

oregon trucking accident lawyer hours of service violations

Victims Injured Due to Hours of Service Violations Should Call Our Oregon Trucking Accident Lawyers

Hours of service regulations are promulgated by the federal agency known as the Federal Motor Carrier Safety Administration, or FMCSA.  These regulations allow throughout the United States no matter what state the truck driver is from, where the trucking company is from, or where the delivery is coming from, going to, or traveling in.  These hours of service regulations are the bottom or minimal requirements that must be complied with.  Violations of these regulations are a serious problem and could result in catastrophic injuries or the wrongful death of an innocent person.  Victims injured due to hours of service violations need to ask our Oregon trucking accident lawyers for help.

Here at the Kuhlman Law, we understand how dangerous hours of service violations can be.  We work hard to ensure that victims who are seriously injured by a truck driver who is fatigued, tried, or falls asleep at the wheel is held liable for hurting innocent people.  We also will make sure to hold trucking companies liable for failing to monitor their employees or actually pushing their truck drivers to work around the clock when they are federally required to allow them to rest.  If you or a loved one were seriously injured, we can help.

What are the Hours of Service Regulations?

The FMCSA regulations governing hours of service are governed by 49 CFR section 395.3.  These regulations govern all truck drivers operating commercial vehicles with property cargo.  There are separate requirements for bus drivers or vehicles carrying human passengers.  The most important sections of the hours of service regulations are the following:

  • 24-hour shift clocks
  • 14 consecutive hours on shift followed by 10 consecutive hours off shift
  • Truck drivers may drive for a maximum of 11 hours in a 14 hour shift
  • Truck drivers may drive for a maximum of 8 consecutive hours before having to take a 30 minute rest
  • Truck drivers may be on shift for a maximum of 60 hours in any 7 consecutive day period
  • Truck drivers may be on shift for a maximum of 70 hours in any 8 consecutive day period, and
  • Other regulations which may apply in some circumstances.

Liability for Violating Hours of Service Regulations

If a truck driver or trucking company violates the hours of service regulations, the defendants may be liable for your personal injuries.  This is because the doctrine of negligence per se finds that the violation of a regulation is evidence of negligence.  This allows a victim to help establish liability against a defendant in order to recover compensation for his or her injuries. Families who have lost a loved one may also be able to establish liability through violation of these regulations.

Injured in an Oregon Trucking Accident?  Ask Our Oregon Trucking Accident Lawyer 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

hours of service violations oregon trucking accidents

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. 

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

Oregon trucking accident caused by running a stop sign brachial plexus injuries from a trucking accident in oregon

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. 

Speed Causing a Trucking Accident in Oregon

Oregon Trucking Accident Lawyers Share How Speed Causing a Trucking Accident in Oregon Could be Catastrophic

Excessive speed while operating any motor vehicle is dangerous.  This is because the faster a vehicle goes the less reaction time a driver has to stop and the more stopping distance a driver needs.  This is particularly true for truck drivers of 18 wheelers who already need to have a faster reaction time and need to have a greater distance to stop.  This is why speeding in a commercial vehicle is simply dangerous.  It is likely to result in catastrophic personal injuries include traumatic brain injuries, spinal cord injuries, amputations, and other permanent damages.  Our Oregon trucking accident lawyers know that speed causing a trucking accident in Oregon can be devastating and is preventable by following the law.

Personal injuries from speeding can also not just be catastrophic, but deadly.  According to statistics from the National Highway Traffic Safety Administration (NHTSA), there are over 430 fatal auto accidents in Oregon each year with 119 accidents caused due to speeding.  These means that a person dies every three days because of a preventable trucking accident.  

Speeding is Unlawful in Oregon

Under Oregon statutory law, ORS section 811.100 provides that

A person commits the offense of violating the 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.

(b) The surface and width of the highway.

(c) The hazard at intersections. 

(d) Weather.

(e) Visibility.

(f) Any other conditions then existing.

These factors are flexible, meaning that a motorist may have to driver under the 55 MPH speed limit in heavy rain or on icy roadways.  This means that a motorist must use reasonable care under the circumstances.  A truck driver especially must follow Oregon law but also the Federal Motor Carrier Safety Administration (FMCSA) regulations which also require a truck driver to drive lower than the speed limit if there are hazardous roadway conditions including traffic or inclement weather.

Damages When Speed Causing a Trucking Accident in Oregon Hurts Someone

Drivers or occupants who are seriously injured due to a truck driver’s negligence may be entitled to recover “damages” for their trucking accident.  In a personal injury action, “damages” are compensatory in nature meaning that victims are entitled to money.  Compensation is usually awarded for many different aspects of a case such as lost wages, medical bills, or property damage.

However, pain and suffering is usually the largest award of damages in a trucking crash in Oregon.  Pain and suffering is the measure of physical agony, discomfortable, physical anguish, and literal pain that a person feels from injuries caused by an accident.  Pain and suffering can also extend to emotional and cognitive injuries such as anxiety, depression, extreme emotional distress, fear, and other related injuries.  The most common and severe personal injuries after an Oregon trucking accident include the following:

  • Traumatic brain injuries or TBIs;
  • Spinal cord injuries;
  • Amputations;
  • Broken bones;
  • Back injuries;
  • Paraplegia;
  • Quadriplegia; 
  • Nerve injuries;
  • Organ damage;
  • Loss of vision or eyesight;
  • Significant disfigurement or scarring;
  • Wrongful death; and 
  • Any other physical or emotional injuries.

When Speed Causing a Trucking Accident in Oregon Causes You Pain and Suffering, As our Lawyers to 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. 

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.

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.