Common truck accident injuries in Portland can permanently alter a person’s ability to enjoy life. If you were injured in an 18-wheeler collision resulting from driver negligence, you can likely pursue compensation through a personal injury lawsuit. Connect with our seasoned semi-truck attorneys today for help with filing.
Common Injuries From Truck Accidents
The sheer size of an 18-wheeler can significantly increase the risk of catastrophic harm to those involved in a wreck. The most common injuries from Portland truck collisions include:
- Whiplash
- Sprains
- Contusions and abrasions
- Broken or fractured bones
- Concussions
- Herniated discs
- Spinal cord damage
- Full or partial paralysis
- Traumatic brain damage
These conditions can permanently impact individuals and affect their ability to enjoy life. If vehicles in a collision catch fire due to leaking fuel or other conditions, the crash can also lead to severe burning that can impact a person’s nerve endings and appearance.
Recovering Compensation For Damages
Considering the drastic yet common injuries that can result from Portland truck accidents, a driver must prepare to pursue compensation to cover expenses such as medical bills.
The state has a modified comparative negligence doctrine to account for when more than one party is at fault, which allows a plaintiff to recover even if they are found to have contributed negligence that caused the accident.
Under Maine Revised Statutes Title 14, § 156, injured individuals can recover damages if their negligence did not exceed the defendant’s. If a person remains under 50 percent at fault, the court will allow them to recover damages in proportion to their percentage of fault.
Personal injury claims for negligence require that the plaintiff prove the defendant owed them a duty of care, which was breached by their negligent actions. For example, a court is more likely to view that a truck driver traveling at excessive speed breached their duty of care.
The breach of care must also lead to actual damages, including:
- Lost salary
- Hospital costs
- Pain and suffering
- Emotional distress
- Loss of consortium with a partner
- Loss of enjoyment of life
The plaintiff will most likely have a claim against the truck driver and can also pursue action under the state’s doctrine of vicarious liability for employers. State law holds employers liable for negligent actions by their workers that occur within the scope of their jobs.
Statute of Limitations For Filing
The ability to file a lawsuit does not last forever, and plaintiffs must ensure they file their claim within the state’s statute of limitations.
For personal injury claims for negligence, Me. Rev. Stat. tit. 14, § 752 mandates that civil actions are filed within six years from the date of the accident.
If the injured person is considered legally disabled, the tolling period will not begin until the disability ceases to exist. For purposes of the rule, disabilities include minors, mental incapacity, imprisonment, and being located outside the United States, according to Me. Rev. Stat. tit. 14, § 853.
The statute of limitations period is shorter if the lawsuit involves a claim for wrongful death. Me. Rev. Stat. tit. 18-C, § 2-807 requires that a deceased’s estate file a wrongful death lawsuit within two years from the date of passing.
Contact a Portland Attorney About Common Truck Accident Injuries
Many common truck accident injuries in Portland are severe and have the potential to alter a person’s life permanently. You should speak with a lawyer immediately if you were injured in a semi-truck wreck.
A diligent personal injury attorney can help you deal with insurance companies, obtain witness testimony, and pursue a lawsuit to recoup compensation for your losses. Contact us today.
