Facts and information about commercial truck accidents and legal claims.
According to the Oregon Department of Transportation Motor Carrier Crash Summary statistics there were 1,760 Oregon crashes involving commercial trucks in 2011. These are DOT "reportable" crashes where an injury was known to have occurred or a vehicle was required to be towed from the accident scene. Of these crashes 754 were determined to be the fault of the commercial truck driver. 419 of reported truck accidents resulted in an injury to at least one victim. There were 42 deaths caused by trucking crashes.
Common Causes of Trucking Accidents:
In 2011 there were 214 trucking accidents caused by truckers failing to properly maintain their lane of travel, 179 trucking accidents
were caused by truckers following too closely, and 133 trucking accidents were caused by truckers driving at excessive speeds. For the years of 2007 through 2011 speed was the leading cause of trucker-caused crashes, following too closely was the second leading cause, and failing to remain in their lane of travel was third. Over that time 979 trucking accidents were caused by truckers driving at excessive rates of speed.
The Costs of Oregon Trucking Accidents:
In 2011 trucking crashes were responsible for over $55.7 million in property damage, $29.6 million in costs related to injuries, and $64.3 million in costs related to fatalities. The total cost to Oregonians for trucking crashes in 2011 was $149.7 million. This figure was $140.9 million in 2010 and $103.9 million in 2009.
Oregon and Federal Trucking Regulations Attempt to Prevent Accidents:
The Oregon statutes and regulations addressing trucking safety require that numerous precautions be taken by motor carriers and truckers to prevent trucking accidents, deaths and injuries. These include requirements to properly inspect and maintain truck safety equipment like brakes, etc. The regulations also require that truckers not be required to drive too many hours without getting adequate rest to ensure that they are not driving when sleepy. These regulations and the general Oregon motor vehicle code also make it illegal for truckers to drive while impaired or distracted by things such as mobile phones.
Oregon has formerly adopted and incorporated the Federal Motor Carrier Safety Regulations (FMCSR). The federal Department of Transportation has instituted numerous rule requiring truckers and trucking companies to ensure the safety of the motoring public and avoid trucking accidents. A violation of these Oregon and federal rules can be the basis for civil liability if an injured party seeks redress.
Important Issues in Semi Truck Crash Cases:
Trucking accidents resulting in injury or death present unique issues. In trucking accident cases it is crucial to preserve evidence before it is lost or destroyed. This includes the trucker's driver logs and daily vehicle inspection reports, any faulty equipment like brakes or bad tires, mobile phone records, photographs and video, and any GPS vehicle tracking data. Even if the police respond to a trucking accident there is no guarantee that the trucker or trucking company will preserve relevant evidence that may establish the cause of the crash. Regulations require that some of this evidence only be preserved for a set period of time.
When a trucker is involved in a crash, they are required to report it to their company and state regulators. They also usually contact the trucking company's insurance company immediately to start preparing their defense of any forthcoming injury or death claims.
Because of these issues it is important to have your injury or death case investigated by an injury attorney soon after the accident. Witnesses, the accident scene evidence, and crash data are often lost with the passage of time. An injury attorney can assist you in gathering this very important information to preserve your claim so that it is handled fairly.
You should also be aware that trucking accident injury and death cases are subject to strict time limits. If a claim is not brought within this time it is forever lost. In Oregon, a personal injury claim for an adult must generally be asserted within two years of the injury. Because some investigation is needed to assess claims and potential defendants, it is wise to contact an attorney early in the process instead of waiting until getting close to the two year statute.
