In commercial trucking accidents, the ultimate personal injury is wrongful death. There is simply no way to bring back or compensate the loss of a loved one due to the negligence or a truck driver, trucking company, maintenance repair company, or any other party responsible for taking a loved one’s life. Our Oregon fatal trucking accident lawyers know how hard it is physically, emotionally, and financially for families who experience this tragedy. In a mere manner of seconds, a person’s life could be lost and an entire family burdened with this extreme hardship.
And while nothing can ever replace your loved one, Oregon law creates certain rights for a victim’s family which our law firm can help you protect. These rights include compensation for funeral or burial expenses, medical bills, lost income form your loved one, lost affection and services from your loved one, and many other types of loses related to the wrongful death accident. Our compassionate staff will help right to protect these rights so you and your family and focus on healing and celebrating the life of your loved one.
Why Oregon Trucking Accidents Frequently Result in a Wrongful Death
There are extreme forces generated whenever a large commercial vehicle like a logging truck, 18 wheeler, semi tractor trailer, tanker, double trailer, or other box truck collide with another object. This is based simply on physics due to the large size, weight, and speed of tractor trailers which generate momentum. This momentum must be disbursed into whatever it collides with and the forced upon impact is devastating. This is particularly true on fast-moving highways and roadways like our interstates, where trucks can generate considerable momentum and force. Due to these extreme forces, it is more likely that a trucking accident will result in serious personal injury that causes a wrongful death.
Commencing a Wrongful Death Action in Oregon
Under Oregon law, a family who has lost a loved one due to the actions of another person or entity may have a wrongful death claim. This is a claim that vindicates the personal injuries and death causes to an innocent person. In a trucking accident context, the action of another person or entity are reckless, careless, and negligent.
A personal representative of the victim is who has standing (or the ability) to commence an Oregon wrongful death case after a fatal trucking accident. Generally, the personal representative is the surviving spouse, parent, or child. A personal representative could also be a sibling, aunt/uncle, grandparent, or other family member or guardian that petitions the court for the right to serve as personal representative.
A personal representative must commence the wrongful death action within the statute of limitations period. This is a time period which sets a limit one how long after a claim “accrues” that an individual has to commence an action. Actions commenced outside fo the statute of limitations period may be automatically dismissed by the court as untimely. Under Oregon law, the statute of limitations period to bring a wrongful death claim is three years from the date of the victim’s final injury. This is unlike some states which go by the date of death.
Who May Be Liable for an Oregon Fatal Trucking Accident
The most obvious liable party in a fatal Oregon trucking accident is the truck driver who caused the wrongful death. Under Oregon law, the actions of the truck driver are imputed on the trucking company. This is known as respondeat superior, which is a type of vicarious liability that renders the employer responsible for the negligence actions of the employee which are committed within the scope of employment. Therefore, the family is usually entitled to recover compensation for the loss of their loved one from the trucking company due to the truck driver’s actions.
In addition, a truck maintenance and repair team could also be responsible for the trucking accident and therefor the wrongful death of a loved one. Municipalities may also be liable for negligent roadway design and construction which contributed to the fatal trucking accident. It is important that families who have lost a loved one contact our Oregon fatal truck accident lawyers to investigate, determine, and hold accountable those who caused the wrongful death of a loved one.
Bend/Portland, Oregon Fatal Truck Accident Lawyers
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.