Winter conditions increase the chances of Portland truck accidents involving icy roads, which can result in substantial injuries and vehicle damage. When a driver’s negligent actions cause a crash, an injured person has the right to pursue compensation for their losses and expenses.
When you are injured in a tractor-trailer wreck, consult a hardworking truck collision attorney to discuss potential legal action.
Injuries in Ice-Related Truck Accidents
Truck wrecks that are caused by icy road conditions can lead to several types of injuries, ranging from minimal to severe, such as:
- Cuts, lacerations, and bruises
- Burns
- Broken bones
- Organ damage
- Spinal cord injuries
- Traumatic brain damage
- Death
It is imperative for parties hurt in a truck crash to seek medical attention immediately. This will allow for proper wound care and documentation of damages for a personal injury lawsuit.
Personal Injury Actions for Negligence
Lawsuits to recover compensation for injuries suffered from truck accidents due to icy roads in Portland will likely involve claims for negligence. Personal injury claims alleging negligence require that the plaintiff prove that the defendant breached a duty of care owed to them.
Drivers within the state have a general duty to obey traffic laws and operate their vehicles safely. The injured party must show that the defendant’s breach of care was the direct cause of the damages or harm they suffered. Additionally, they must prove they suffered damages from the negligent actions.
Wrongful Death Lawsuits
Due to the inherent danger of Portland truck crashes from icy road conditions, injuries suffered in a collision can sometimes lead to death. Under the state’s wrongful death law, surviving family members can recover compensation on the deceased’s behalf if they would have had a valid claim if they survived the accident.
The rule states that the personal representative or administrative of the decedent’s estate must file the wrongful death suit. Money recovered from the suit is distributed to the deceased’s surviving heirs under state intestacy laws.
Types of Compensation Available
Several forms of damages could be provided to an injured party or their surviving family in the aftermath of a truck wreck. Economic damages include compensation for losses such as:
- Medical bills
- Property damage
- Rehabilitation
- Funeral costs
Non-economic damages are more subjective and can include coverage for losses like:
- Pain and suffering
- Psychological distress
- Emotional trauma
- Loss of consortium with a partner
Noneconomic damages for wrongful death claims are capped at $1 million, and punitive damages are limited to $500,000. A compassionate attorney can help their client determine what forms of damages they may be entitled to.
How State Laws Can Limit or Prohibit Recovery
An attorney can advise their client on state laws that could block their ability to recover compensation for a Portland truck crash involving icy roads. For example, the state’s doctrine of modified comparative negligence limits a person’s ability to recover if they are found to have contributed negligence to the accident.
Under Maine Revised Statutes Title 14, § 156, a plaintiff is unable to obtain damages if they are found to be more responsible for the wreck. However, when an injured individual is less than 50 percent liable, the court will limit their damages in proportion to their percentage of fault.
Statute of Limitations
Plaintiffs can also lose their right to bring a claim if they do not file suit within the timeframe outlined in the state’s statute of limitations. For personal injury lawsuits, Me. Rev. Stat. tit. 14, § 752 requires a claim to be filed within six years from the date of the collision.
Get Connected to a Portland Attorney Today to Discuss Truck Accidents Involving Icy Roads
Speak with a lawyer as soon as possible about potential lawsuits stemming from Portland truck accidents involving icy roads. They can walk you through the process of filing a claim and update you on what to expect during a trial.
A diligent personal injury attorney can also discuss the viability of a wrongful death claim to recover compensation on behalf of a deceased victim’s surviving relatives. Call Gideon Asen LLC today to schedule your confidential consultation.
