Blind-Spot Truck Accidents in Portland

Despite modern advances in driving technology, blind-spot truck crashes are not a thing of the past. Truckers can still fail to check their no zones and end up in a collision. These types of crashes often result from negligent truck driving. Blind-spot semi collisions can cause injuries to standard vehicle drivers and lead to staggering medical bills, living expenses, and auto-shop payments.

If you or someone you love has been in a blind spot truck accident in Portland, a semi crash attorney can help you obtain justice by filing a case for monetary compensation.

Truckers Must Consistently Check Blind-Spots

The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial motor vehicles and hauling companies in the United States. As such, all commercial trucks driving through Portland are subject to the regulations and guidelines of FMCSA and the specific rules of the hauling company they work for. Essential to these guidelines, regulations, and rules are those concerning blind spots.

FMSCA requires hauler operators to check their mirrors every 8-10 seconds to see if motorists are in the truck’s blind spots. Truckers should also utilize the correct right or left blinker when they move their vehicle into the opposite lane. Big rig operators should ensure they are at least 30 feet in front of traffic in the opposing lane before making a lane change. Portland truckers who fail to check their blind spots repeatedly are more prone to cause devastating truck accidents, resulting in mild, severe, or deadly injuries.

Avoiding the Blind Spots of a Big Rig

A careless trucker can cause an accident despite a motorist’s best efforts. Tractor-trailer drivers and other commercial truckers may be negligent in the following ways:

Speeding
Driving while tired
Eating while driving
Texting while driving
Driving with overfilled cargo
Driving while under the influence

Motorists involved in a blind spot crash with a trucker may experience whiplash, bruises, broken bones, concussions, internal bleeding, organ damage, traumatic brain injuries, and paralysis. A Portland lawyer who handles blind-spot truck accidents can review all the evidence to help win a settlement in favor of the injured party.

Filing A Blind-Spot Truck Accident Claim

Oregon Revised Statutes § 12.110 (1) provides that persons seeking to bring a personal injury lawsuit against a trucker, hauling company, or third party must do so two years from the collision date. However, when a blind-spot truck crash in Portland results in death, the decedent’s dependent or estate will have three years to file a wrongful death or survival claim. Primary dependents, such as a surviving spouse and children, have the first right to bring forth a personal injury claim on behalf of the decedent (the person who passed).

Dependents can only file a wrongful death lawsuit if the decedent would have had the legal right to file a personal injury claim had they survived. A successful wrongful death lawsuit ends with the at-fault persons having to pay dependents monetary compensation for damages, such as the pain from losing a provider and companion. In successful survival actions, the at-fault persons must compensate the decedent’s estate for the expenses accrued for their care from the time they were hurt in the crash until they succumbed to their injuries.

Understanding Potential Roadblocks

Since Oregon is a modified comparative negligence state, individuals bringing personal injury claims can only recover monetary damages if they prove that the other person(s) were at least 50 percent responsible for the accident (§ ORS 31.600). This is important to note because trucking companies and their insurers will often try to shift blame onto an injured person to avoid paying a fair settlement amount. A skilled attorney knows how to push back against unbased accusations of fault and pursue a proper compensation award.

Though the filing deadline is between two to three years, individuals might want to consider filing sooner because Federal Motor Carrier Safety Administration (FMCSA) regulations provide that a hauling company can destroy documents after six months for trucks they no longer control, or one year for vehicles still in their possession.

Individuals and families looking to file a personal injury claim can avoid missing the filing deadline or running into evidentiary issues with a Portland personal injury attorney by their side.

Contact a Blind-Spot Truck Collisions Lawyer in Portland

As you or a loved one recovers from blind-spot truck accidents in Portland, an attorney can handle your case and get you the compensation you deserve.