Speeding Big Rig Could Cause a Deadly Oregon Trucking Accident
The commercial trucking industry is a “time is money” business model where faster deliveries mean faster paychecks. This is a business model that creates an incentive for the fastest truck drivers to earn the most money, and that incentive is to speed. Speeding is one of the most common causes of all motor vehicle accidents, including 18 wheeler wrecks and big rig crashes. But if cutting corners by breaking the law earns more money for truck drivers and trucking companies, many drivers are willing to put you in danger to make a few extra bucks. When this gamble does not pay off, many truck drivers and trucking companies are quick to blame traffic patterns, roadway design, or even the victims. If youor a loved one have been injured in an Oregon trucking accident, ask our Bend/Portland, Oregon trucking accident lawyers to protect your rights.
Why Speeding is Dangerous
If it were not obvious enough, speeding is a very dangerous behavior to engage in while operating a motor vehicle. This is especially true of large commercial vehicles like big rigs, logging trucks, 18 wheelers, tankers, and other large box trucks. The most obvious reasons why speeding is dangerous includes the following:
- Decreases reaction time of a truck driver by having less time to execute a maneuver;
- Increases stopping distance of a truck; and
- Increases the momentum and force upon impact which makes big rig crashes more dangerous and deadly.
Driving Over the Speed Limit is Illegal in Oregon Under State Law, and Truck Drivers Must Comply with Oregon Law
Even though many truck drivers and large commercial trucks are not from Oregon when they are traveling through our state, this does not mean they do not need to follow Oregon law. Under federal regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA), all commercial vehicle operators must comply with the speed limit in the state they are operating in. This means that truck drivers from the east coast must comply with Oregon speed limits established by Oregon law.
Under Oregon law, ORS section 811.105 sets basic speed rules and speed limits. In addition to all posted requirements, this section of law sets forth the basic speed rules in certain areas and on certain roadways. Violating the basic speed rules or the posted speed limits are a violation of Oregon law. This means that truck drivers speeding above the speed limit prescribed by this statute are violating Oregon law.
But even if a truck driver if driving under the speed limit, ORS section 811.100 establishes violations of basic speed rules when other conditions on or around the roadway do not make it safe to operate a motor vehicle. Subdivision (1) provides that a person violates Oregon’s basic speed rule when “the person drivers a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to all of the following” which include the traffic, surface and width of the road, hazards at intersections, weather, visibility, and all other conditions existing. This standard is flexible and means that a motorist most comply with what is safe at the time of operation.
Our Bend/Portland, Oregon Trucking Accident Lawyers Can Fight When Excessive Speed is the Cause of a Big Rig Crash
If a truck driver violates any Oregon law and causes an Oregon trucking accident, the truck driver and the trucking company may be found to be automatically liable for the 18 wheeler wreck through the doctrine of negligence per se. This doctrine applies when a person violates a statute that is meant to protect a certain person from harm, and the violation of the statute indeed causes that harm.
Oregon’s speeding statutes seek to prevent individuals from being harmed in motor vehicle accidents caused by motorists who are driving at an unsafe speed. When a truck driver is operating at an unsafe speed and causes a motor vehicle accident that injuries an innocent person, the doctrine of negligence per se might apply. This would allow a victim to recover compensation for his or her 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. Our firm offers 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.