Do I Have to Prove my Trucking Accident Case “Beyond a Reasonable Doubt” in Oregon?

Trucking Accident Case “Beyond a Reasonable Doubt” in Oregon

Understanding Burdens of Proof to Prove Your Trucking Trucking Accident Case in Oregon

As sensationalized in TV shows, movies, in the news, books, and other popular culture, the infamous standard of “beyond a reasonable doubt” sticks in the minds of most people.  This is particularly true after the highly publicized trials of Casey Anthony, Jodi Arias, and George Zimmerman.  Thus, when someone is involved in a trucking accident case, one of the first thoughts in their mind is whether they also have to prove their case “beyond a reasonable doubt” just like these other trials.  Some people who are victims may even wonder if they can overcome this insurmountable burden, as two of the three defendants mentioned above were found not guilty.  Our Portland trucking accident lawyer explains what is a burden of proof and whether a victim must prove a trucking accident case “beyond a reasonable doubt” in Oregon.

What is a Burden of Proof?

A burden of proof, or burden of persuasion, is the level at which a party must present evidence and prove his or her case.  Essentially, it is the level of persuasiveness that a reasonable person would believe what the party is saying.  All causes of action or affirmative defenses have a burden of proof or a burden of persuasion.  And it is not always the same level.  Some causes of action may have a lower burden of proof than an affirmative defense, or vice-versa.  It all depends on the claim.

What Does “Beyond a Reasonable Doubt Mean”?

The burden of beyond a reasonable doubt is the strictest burden of proof that an individual has to prove.  This means that a party has established a claim or defense to a near 100% confidence or persuasion level.  Some experts opine that this could be as low as 98%, but that is a very high number.  Essentially, the judge or jury hearing the case must know nearly 100% that what the party is saying is true and it can only be true.

What Burden of Proof is in a Trucking Accident Case in Oregon?

The question of whether a party much prove a trucking accident case “beyond a reasonable doubt” in Oregon is an important one.  The answer should be relieving in that it is a “no.”

Rather than having to prove the facts and liability by 100%, all a victim of an Oregon trucking accident has to do is establish that it is “more likely than not” for the victim to be telling the truth over the defendant.  This equates to a 51% burden of proof known as a “preponderance of the evidence.”

This means that a victim does not have to prove in a trucking accident case “beyond a reasonable doubt” in Oregon.  Rather, a victim has a much lower standard of a “preponderance of the evidence.”  This should be comforting and a victim should understand that, while their case will be difficult without an experienced Portland trucking accident lawyer, a victim will not be held to the burden of proof of a criminal defendant and only needs to establish a claim by 51% or more.

Ask our Portland Trucking Accident Lawyers for Help to Prove Your Case

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 Braking Failure Accident in Oregon

Truck Braking Failure Accident in Oregon

Understanding Liability for a Truck Braking Failure Accident in Oregon

Large commercial vehicles like semi tractor trailers, 18 wheelers, box trucks, tankers, and other big rigs have one thing in common—a lot of wheels.  These wheels help to balance and distribute weight, stabilize the trailer, and of course help the truck move.  With all of those big and powerful wheels on the go, it is obvious that they also need to stop sometimes.  Stopping all of these wheels is done through an advanced braking system.  This is a very powerful braking system that can stop a massive 18 wheeler that is over 80,000 pounds.  These are air brakes which are powerful but they are limited in the amount of time that the brake can be applied before needing to be reset.  This is the opposition of a disc braking system from passenger vehicles.  While most of air braking systems work perfectly nearly every time, unfortunately it is not uncommon for a truck braking failure accident in Oregon to occur.  

Whenever a victim or a family member is injured by a truck braking failure accident in Oregon, there may have been negligence.  The negligence may have been caused by the failure of a truck driver or trucking company.  But with a truck braking failure accident, it could also have been the maintenance company or mechanics responsible for servicing and maintaining the vehicle.  This means that a skilled lawyer is needed to investigate the cause of a serious trucking accident in Oregon.

Liability for a Truck Braking Failure Accident

It is the responsibility of a driver to always maintain his or her vehicle in proper working condition.  For truck drivers, the trucking company is responsible for the conduct of the truck driver under the doctrine of respondeat superior.  This means that the truck driver and trucking company are responsible for the braking system and its maintenance.  Failures of the braking system could result in liability for the trucking company.

Legal Requirements and Imposing Liability

Not only is this under the common law (or judge-made law), but it is also under the Federal Motor Carrier Safety Administration (FMCSA) regulations.  These regulations apply to all truck drivers and trucking companies operating commercial vehicles in the United States, no matter what state the truck driver is from, going to, driving in, or where the trucking company is based out of.  These requirements set the minimum standard required.

The FMCSA regulations place a lot of emphasis on wheels and the braking system.  This is because these are the most important components of the system.  As it relates to braking systems, 49 CFR section 392.7 (a) provides that ““[n]o commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed: [including] Service brakes, including trailer brake connections . . . [and] Parking (hand) brake.”  

A truck driver who has his or her brakes fail and causes a rear end collision could be liable under the FMCSA regulations for the crash.  This could be done under the doctrine of negligence per se which allows the violation of a statute to automatically impose liability by the violator.  However, since the FMCSA regulations are not statutory but regulatory, the violation of the FMCSA regulations is just evidence of negligence.

Ask Our Oregon Trucking Accident Lawyers 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. 

Oregon’s Modified Comparative Fault Law: Portland Trucking Accident Lawyer

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

Understanding Oregon’s Modified Comparative Fault Law: Explained by Our Portland Trucking Accident Lawyer

One of the most common questions after any type of personal injury accident, whether it is a slip and fall, motor vehicle accident, or even a dog bite, is what if the victim was partially at fault.  This is particularly true in trucking accidents where a person in a smaller vehicle may have collided with a truck that made a delayed lane change or is disabled on the side of the road.  It is only natural to think that, as a victim, you may have been partially at fault for an accident.  Some people think that they should be responsible for their own damages after they partially cause an accident or damage.  While that is a nice gesture in some minor bumper taps, when a victim is permanently disabled due to the reckless, careless, and mostly negligent conduct of another person, victims and their families could be looking at hundreds of thousands if not millions of dollars in expenses.  Our Portland trucking accident lawyer explains how Oregon’s modified comparative negligence law works to allow victims who may be partially at fault to recover compensation.

What is Negligence?

Under Oregon law, negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised in similar circumstances.  Essentially, negligence is the failure to take proper care in doing something to avoid unnecessary risk to others.  Negligence is a main cause of action in almost every type of personal injury case, including a trucking accident.  

What is Fault?

Under Oregon law, fault is the liability or culpability of a party.  While that is usually straight forward in incidents such as someone who punches another person, in negligence cases that is not always so clear.  In fact, fault can be a very complicated concept and is usually hotly contested.  Fault is also usually not very clear in a motor vehicle accident or especially a slip and fall or trip and fall, because the actions of the victim may play a huge role in the accident.

How is Fault Considered under Oregon Law?

Each state has a different way of assessing fault.  The two main types are contributory negligence and comparative negligence, which is also known as comparative fault.  Contributory negligence is the concept where a victim who is partially at fault, even a little bit at fault, is barred from recovering compensation.  Comparative fault is the concept where a victim who is partially at fault is allowed to collect compensation which is reduced by his or her proportion of fault.  So if a victim is 10% at fault, the victim will have his or her award reduced by 10%.

Oregon is Modified Comparative Fault

Oregon is neither contributory and comparative fault.  It is known as a modified comparative fault.  This means that a victim will have his or her fault reduced by the proportion of fault, however, if the victim is more than 49% at fault, the victim is barred from collecting.

For example in an Oregon trucking accident:

  • Victim recovers $100k and is 25% at fault, the award is reduced to 75%
  • Victim recovers $100k and is 49% at fault, the victim can receive $51k.
  • Victim recovers $100k and is 50% at fault, the award is zero.

Ask our Portland Trucking Accident Lawyer for Modified Comparative Fault Negligence Cases

Understanding Oregon’s modified comparative fault laws is an important part of protecting your rights to compensation.  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. 

Brachial Plexus Injuries from Trucking Accidents in Oregon

Arm Nerve Injuries in 18 Wheeler Wrecks: Understanding Brachial Plexus Injuries from Trucking Accidents in Oregon

Oregon trucking accident caused by running a stop sign brachial plexus injuries from a trucking accident in oregonSerious trucking accidents with 18 wheelers, tractor trailers, tankers, and other large big rigs could result in catastrophic personal injuries to a victim and his or her family.  One of the more common and debilitating types of personal injuries are brachial plexus injuries.  These types of injuries can result in permanent and disabling conditions or problems for victims.  Brachial plexus injuries from trucking accidents in Oregon could also result in serious pain and suffering, medical bills, lost wages lost future earnings, and other damages related to the box truck wreck.  This is why victims and their families need to hire a Portland, Oregon trucking accident lawyer to protect their rights.

Anatomy of the Arm Nerves

The brachial plexus is a serious of nerves or a network of nerves that originates from the cervical spine and extends down the arm into the shoulder.  These nerves come from each of the cervical vertebrae between the discs.  The nerves extend out from the spinal cord.  The spinal cord is the central nervous system and the nerves extending outwards are the peripheral nervous system.

The nerves are small but form the bundle known as the brachial plexus.  These nerves combine and become one bundle at the base of the neck.  They travel to the shoulder girdle and extend down the arm through the elbow, and through the wrist all the way to the fingertips.  These nerves allow for sensation and movement.  When they are hurt, they can affect sensation and motor movement or function.

How Brachial Plexus Injuries from Trucking Accidents in Oregon Occur

There are many possible ways how the brachial plexus could be injured due to the negligence to a truck driver in an 18 wheeler wreck.  This includes some of the following causes of injury:

  • Seatbelt injuries
  • Impact injuries from the force of the impact
  • Foreign debris such as twisted metal into the arm
  • Stretching injuries or pulling injuries
  • Fractured bones in the shoulder which severe the nerve
  • Shoulder dislocations
  • Shoulder separations, and
  • Many other common causes.

Types of Brachial Plexus Injuries 

There are generally four types go brachial plexus injuries which could occur.  They are the following:

  • Avulsions – when the nerve is pulled, yanked, or otherwise over-extended and it is pulled at the root right from the spinal cord.  This is a catastrophic injuries which usually results in serious personal injuries.
  • Ruptures – when there is a tear in the nerve such to a direct injury like shrapnel or from pulling due to extreme pressure or force.
  • Neuroma – when there is some damage to the nerve but the nerve does not get pulled away from the spinal cord or the nerve is not otherwise cut.  This can form scar tissue which can damage the nerve and cause continued pain and suffering.
  • Neuropraxia – when the nerve suffers some stretching or damage but it is not severe enough to cause scarring or damage.

Victims Who Suffered Brachial Plexus Injuries From Trucking Accidents in Oregon Should Call Our Lawyers 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. 

Unable to Walk after an Oregon Trucking Accident

unable to walk after an oregon trucking accident

Catastrophic Personal Injuries: Unable to Walk After an Oregon Trucking Accident 

A commercial vehicle like a large 18 wheeler, tanker, big rig, and other box truck could cause serious or catastrophic personal injuries in a collision.  An Oregon trucking accident involving one of these big machines could easily be fatal.  Some of the most common injuries are injuries to the neck or back.  Severe enough injuries could result in a form of paralysis.  Victims who are unable to walk after an Oregon trucking accident should seek the help of a lawyer to protect their rights to compensation.

Here at Kuhlman Law, our Oregon trucking accident lawyers help protect the rights of victims and their families when a negligent truck driver or trucking companies causes serious personal injuries.  This includes serious personal injuries which result in a victim being unable to walk after an Oregon trucking accident.

Paralysis from a Trucking Accident in Oregon

When a victim is unable to walk after an 18 wheeler wreck, it is likely due to the serious nature of the damage to the spinal cord or brain.  These two structures form the central nervous system.  The spinal cord is what sends messages to and from the brain to the rest of the body.  This includes sensation but also motor movement.  When the spinal cord is damaged, messages to the brain telling the body to move can be greatly affected. This is what can causes paralysis.

Types of Paralysis Which Could Make a Person Unable to Walk After an Oregon Trucking Accident

There are two forms of paralysis and two types of paralysis.  The two forms are incomplete and complete paralysis.  Incomplete paralysis is when there is some damage to the spinal cord but messages can still be sent up and down the spine.  This means that there could be some decreases sensation and function, but there may still be some.  Complete paralysis is when there is catastrophic damage to the spinal cord which results in a severance.  This means that the damage done prevents messages from being sent from the brain to the rest of the body below that injury.

There are than two types of paralysis.  Paraplegia is damage to the spinal cord which results in an inability to use the legs.  This damage to the spinal cord prevents a person’s lower body from functioning.  This includes the legs and lower torso.  Victims may be seriously injured and never regain the ability to walk.

The other type is quadriplegia, which is also known as tetraplegia.  This is a very serious type of paralysis which affects all four limbs.  This is because the damage to the spinal cord is much higher.  A person may have disability to both arms, legs, and the majority of the torso.

In combining the form and classification, a person could have an incomplete quadriplegia injury which results in some loss of function and movement but still some.  Whereas a person could have a complete paraplegia and have no function of the lower legs at all.

Are You Unable to Walk After an Oregon Trucking Accident?  We Can 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. 

Signs of a Brain Injury Caused by an Oregon Trucking Accident

oregon trucking accident causing a concussion portland fetal stroke lawyer

Portland Trucking Accident Lawyers Share the Signs of a Brain Injury by an Oregon Trucking Accident

There are many possible causes of a brain injury, but an Oregon trucking accident is one of the most common and most likely types.  This is because an 18 wheeler wreck is powerful and collisions are typically explosive.  Victims in smaller, passenger vehicles can be seriously injured or wrongfully killed in even low or medium-speed collisions.  But many trucking accidents occur in high-speed collisions on highways and interstates throughout Oregon, including in Portland, Bend, and Deschutes County.  Our Portland trucking accident lawyers know that brain injuries can be one of the most debilitating types of personal injuries.  However, sometimes the signs of a brain injury caused by an Oregon trucking accident is not always obvious.  Sometimes it can take weeks or months for these symptoms to become obvious.

This is why it is imperative for victims and their families to know the signs of a brain injury caused by an Oregon trucking accident.  The earlier that medical care and treatment can begin, the better the prognosis normally is.  This is particularly true if the brain injury is one that continues to grow worse until it is healed—like a brain bleed.

If you or a loved one have been seriously injured and suffered a brain injury as a result of an Oregon trucking accident, as our Portland trucking accident lawyers for help.  Even if you are not sure you suffered a brain injury, always ask what we can do for your by protecting your rights to compensation.  There are many different types of brain injuries such as a diffuse axonal brain injury, brain bleed, concussion, coup-contrecoup, and other types.  Always get medical help and then ask a lawyer for a free case review to protect your rights.

Signs of a Brain Injury

Some of the most common signs of a brain injury include the most basic.  This is because all brain injuries will result in some type of head trauma, head pain, or headache.  But there are many other symptoms of brain injuries which could be more difficult or subtle to identify.  This is true of many other types of brain injuries which do not necessarily need you to impact your head to suffer.  This includes a diffuse axonal brain injury or a coup-contrecoup brain injury which do not need to have the victim hit his or her head to suffer.

The common signs of a brain injury caused by an Oregon trucking accident include the following:

  • Memory loss
  • Confusion
  • Extreme fatigue
  • Anxiety 
  • Speech problems
  • Problem solving issues
  • Migraines  
  • Seizures 
  • Loss of consciousness 
  • Vision problems
  • Loss of smell
  • Hearing issues or a ringing in the ears
  • Loss of sensation to one side of the body
  • Depression
  • Loss of enjoyment
  • Inability to hold a job
  • Attention deficit issues
  • Issues regarding coordination 
  • Trouble with language, and
  • Many other symptoms.

Injured in an Oregon 18 Wheeler Wreck?  Call Us 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. 

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. 

Understanding Spinal Cord Injuries from Our Oregon Trucking Accident Lawyers

Spinal Cord Injuries from Oregon Medical Malpractice

Why Spinal Cord Injuries are Very Serious Personal Injuries from Oregon Trucking Accidents

There are many types of injuries that can be sustained in a truck accident. Broken bones, soft tissue damage, and head trauma are all very common but one of the most debilitating injuries that can occur are spinal cord injuries. It is estimated that there are almost 18,000 new cases of spinal cord injuries each year, with motor vehicle accidents accounting for 38% of those. People who suffer from spinal cord injuries often have to deal with life changing disabilities as well as emotional and physical pain and suffering. Our Oregon spinal cord injury lawyers are very aware of how debilitating spinal cord injuries can be and will ensure your rights are protected in any trucking accident that causes damage to your spinal cord. 

Spinal Cord Basics: Understanding the Anatomy

The spinal cord is very complicated but essentially it is a long bundle of nerves that begins at the base of the brain and runs downward along the spine, ending at the lower back. It is located inside the spinal canal, which is a hollow tunnel formed by the vertebrae, or the bones that make up the spine. The bony spinal canal is very important because it provides a hard shell of protection around the soft tissues of the spinal cord. 

The job of the spinal cord is to transmit signals from the brain to the body and vice versa. It makes things like sensation and movement possible and when there is a lesion, or damage, to the spinal cord in a certain area, it will result in sensory and movement issues. Lesions that are more proximal, or closer to the brain, will result in more disability than lesions which are distal, or closer to the bottom of the spinal cord. 

Type of Spinal Cord Injuries

Spinal cord injuries can be classified as complete or incomplete. This refers to how far the lesion extends into the spinal cord. A complete lesion will sever the spinal cord entirely while an incomplete lesion will only sever it partially and will vary in the extent that it is severed. For patients with complete lesions, they will suffer from paralysis depending on the location of the injury. 

Lesions to the cervical spinal cord, or neck, are most debilitating. They cause limited use of the arms and neck and total paralysis from the neck down. Lesions to the thoracic spinal cord usually spare the neck and arms but will cause paralysis from the trunk down. Injuries to the lumbar spinal cord, the lower back, does not affect the arms of the trunk but may cause paralysis of the legs but some of these people may be able to ambulate with special braces to assist them. 

Why Oregon Truck Accidents Cause Spinal Cord Injuries

Trucks are big and heavy, they travel at high speeds and therefore carry a lot of momentum.  The crushing forces applied to a human body with that amount of momentum behind it is no contest for the bones of the spine and they can easily be crushed upon impact. When these bones break, they send sharp fragments of bone into the spinal cord resulting in severe injury. It is no surprise then that the majority of spinal cord injuries occur during motor vehicle accidents. 

Injured in an Oregon Trucking Accident?  Ask Our Portland Personal Injury Lawyers 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. 

Common Surgeries for Back Injuries and Estimated Recovery Times: Oregon Trucking Accident Lawyers Explain

common surgeries for back injuries oregon trucking accident lawyers

Understanding Common Surgeries for Back Injures: Oregon Trucking Accident Lawyers Share Important Information

Back pain is one of the most common reasons for missing work in the United States. While it has many causes, a common cause of back pain is truck accidents. Even a minor accident can cause major trauma that can be long lasting. Approximately 2.5 million people are seen each year in the emergency room as a result of a car accident, however many times symptoms of back pain do not begin until hours or days following the accident. While most injuries do not require surgery, there are some injuries that are so severe or so debilitating that surgery is required. Our Oregon trucking accident lawyers are experienced in handling cases involving back pain and will ensure that your rights are protected after a trucking accident involving back pain.

Common Surgeries for Back Injuries

The damage that can occur during a trucking accident can be very severe and result in complicated and painful surgeries. Some of the common surgeries for back injuries include the following:

Spinal fusion – This is when two individual vertebrae are linked together to form one large one. This is usually performed for large disc herniation or severe arthritis.

Kyphoplasty/Vertebroplasty – This procedure is meant to stabilize a fractured vertebra by placing a balloon inside the fracture vertebra to inflate it and then inserting glue to hold the bone together.

Discectomy – This procedure aims to control pain by removing a chunk of the intervertebral disc which may be causing a pinched nerve.

Laminectomy – This procedure is used to decrease back pain caused by a herniated disc or spinal stenosis by removing chunks of the vertebra to allow more room for the spinal cord and relieve nerve compression.

Life After Surgery

The estimated recovery time for each of these surgeries is dependent on many factors including age, amount of damage sustained during the injury, and other health factors.  One thing that many people do not think about is what happens after surgery. Many people think surgery will be the end of their pain and suffering, but they do not realize that post surgical pain can often be just as intense and  that rehabilitation can be long and painful. 

Pain from a spinal fusion can take months to resolve and it can take a full year to fully fuse when viewed on x-ray. Simple things like getting out a chair or walking are challenging initially. A discectomy or laminectomy may relieve radiating pain immediately after surgery but it will take months of physical therapy to restore the strength and flexibility required to return to normal life. No matter what surgery is performed, people may continue to have intermittent pain throughout their life from this surgery and may see early signs of arthritis or other degenerative diseases earlier than normal.

Ask Our Oregon Trucking Accident Lawyers for Help if You Had Back Surgery After an 18 Wheeler Wreck

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.