Oregon Truck Accident Lawyer
Jonah Flynn has recovered millions for his clients
Loaded Tractor-Trailers weigh 20 to 30 times more than a car, and can take 600 feet (or more) to come to a stop—40% further than a typical passenger vehicle. The stopping distance of an 18-wheeler is even longer on wet or snow-covered roads. Crashes with large commercial rigs are often serious. Flynn Law Firm is committed to representing victims of tractor-trailer negligence. If you are hurt in a big rig accident, or lost a loved one in a commercial vehicle wreck, we encourage you to contact the Flynn Law Firm as soon as possible. Regardless of the cause of the accident, we can help secure your rights as soon as an accident occurs.
Portland truck accident lawyer fighting for your rights
Most deaths in large truck crashes are passenger vehicle occupants. Passenger vehicles, and their occupants, are vulnerable to tractor-trailers and other large commercial vehicles. Trucks have a high ground clearance, making passenger cars vulnerable to “underriding” trucks in cashes. Truck driver fatigue is common. Under Federal law, drivers of large trucks are allowed to drive up to 11 hours at a stretch. Unfortunately, many drivers don’t care about hours of service regulations, and often work longer than permitted, particularly when placed under “rushed” timelines.
Truck accident investigation
One of the most important steps a Portland truck accident lawyer can take is to quickly gather evidence and obtain witness interviews or testimony before it disappears. Jonah Flynn works closely with the most respected experts to reconstruct a big-rig crash, and determine the cause. We investigate a number of factors and sources of information during the work-up of a case.
When a truck crash occurs, there is often negligence on the part of the commercial truck driver caused it.
There are many theories under which a driver, trucking company, manufacturer or other party may be liable for the consequences of a truck accident. Examples of negligent behavior include:
- Improper maintenance of the truck, tractor, or trailer.
- Negligent Hiring and Retention
- Texting while driving or distracted driving.
- Driver Fatigue
- Asleep at the Wheel
- Failure to Inspect a tractor or trailer
- Improper Loading
- Unrealistic driver scheduling
- Lack of proper training (or, sometimes, no training)
- Driving too long, beyond the hours of service rules.
- Drunk driving.
- Driving while under the influence of drugs
- Violating “the basic rule” or rules of the road.
Thorough Accident Investigation is Crucial
The Flynn Law Firm understands the importance of beginning the investigation of your accident. Gathering evidence as soon as possible after an accident is critical to the success of a truck accident claim. Investigation of these factors, as well as other factors which contribute to a trucking accident, is conducted by your attorney after a truck crash.
Truck Company Records – This investigation may include a review of the driver’s credentials and driving history, an examination of the trucking company’s logs and policies, dispatch records, truck maintenance records, DOT files, and documents kept by the government regarding the operation of the trucking company.
Electronic on-board Computer – many trucks have electronic on-board computers (sometimes called a “black box”) which records information regarding truck speed, braking, distance travelled, stops, and other vehicle dynamics during the course of a truck’s trip and/or immediately preceding an accident.
Interviews and Depositions – an analysis of police reports and photographs, interviews with accident witnesses, investigating officers and, in the case of a lawsuit, depositions of officers and witnesses who investigated your accident or responded to the scene.
Scene Investigation – Going to the scene of an accident, photographing the scene, measuring the scene, and flying a drone over the scene are all important parts of determining how, and why, an accident occurred. Physical evidence at the scene, like tire tread marks or asphalt gouging, will help determine how a truck crash occurred.
Vehicle Inspection – Locating and inspecting a tractor-trailer, and its on-board computer, is important to determine how an accident occurred. If equipment failed or brakes failed, a vehicle inspection should help in determining whether such failure was a factor in the accident. Obviously, impact damage to a tractor will reveal where vehicles were positioned at the time of impact.
Investigate the Driver – Flynn Law Firm will conduct a full investigation of the driver who hit you. This includes a criminal background check, motor vehicle record search, DOT record search, and a full investigation into his employment history.
Truck accidents are not simple car wrecks
Trucking accident cases are far more complicated than a routine car wreck.
Damages and Injuries
Trucks can cause far more damage than a traditional passenger vehicle. Big rig truck accidents are more likely to involve injury or death. The severity of the injuries caused by tractor-trailers means higher medical bills, longer medical recovery, and an uncertain future.
Well financed trucking companies start defending you’re the moment a wreck happens
Unlike traditional car accidents, truck crashes are defended by trucking companies and insurance companies willing to spend whatever it takes to defeat your claim. Trucking Defense lawyers have 24 hour “hotlines” for truckers to call, anywhere in the country, if an accident occurs. Trucking companies and their insurers may respond directly to the scene of an accident, and “shape the narrative” of the accident after you have been taken away to the hospital. During the course of a lawsuit, Trucking companies and their insurers will devote substantial resources to denying every portion of your claim, from liability, to causation, to damages, and everything in between. The resources required to beat a trucking company and its insurer are substantially higher than what is required for the routine car accident case.
Ownership and liability
In an era of “leased drivers” and “temporary” labor, the identity of which company may be liable for a negligent truck driver can be confusing. Many trucks are “owner operator” vehicles, but others are leased by another company or otherwise subject to the “statutory employment doctrine” of the Federal Motor Carrier Safety Regulations. Cargo brokers may also be liable if they negligently selected the carrier and failed to perform any due diligence prior to brokering the load. The ownership and liability issues in trucking cases make these cases far more complicated than the traditional car wreck case.
Laws and Regulations
Trucking companies are subject to commercial motor vehicle rules which don’t apply to traditional passenger cars. The Federal Motor Carrier Safety Administration and the Department of Transportation have rules for the trucking industry which just don’t exist for passenger cars. Understanding the regulatory framework which applies to a trucking company and a truck accident is critical to prosecuting truck accident case.
So, if you are suffering from an injury as the result of a truck accident or an 18-wheeler, you should call a truck accident lawyer who understands all the unique aspects of these cases to ensure you obtain the full amount of compensation you deserve.
Monetary Recovery to cover damages, pain and suffering, and lost wages
Once someone proves negligence caused an accident involving a truck, those who suffered injuries may recover compensation to cover several losses due to the accident. They may recover money to compensate for added expenses such as medical bills, and alterations to their home.
They may also recover compensation for income lost due to time off work both in the past and the future. If the accident affects a person’s future earning capacity, compensation for that may also be available. In addition, the individual suffering from the accident may receive compensation for consequences such as pain and suffering.
If the accident results in death, compensation may be available to the family for economic and emotional loss, as well as punitive damages.
PRESENT YOUR BEST CASE: CALL TODAY
The Flynn Law Firm has the resources, tenacity, and experience to develop your case against the trucking company, truck driver, statutory employer, insurance company, or any other responsible party. We will conduct a complete investigation on your behalf.
Oregon truck accident statistics
Truck accident statistics show the lethal difference between car accidents and trucking accidents. The weight, mass, and dangerous cargo of an 18-wheeler makes it the most dangerous vehicle on the road.
2019 Oregon Motor Carrier Traffic Crashes – Quick Facts (All Public Roads)
|Non-fatal (*transported) Injury Crashes||406|
|Property Damage Only Crashes||1099|
|Single Truck Crashes||357|
|Single Truck Fixed Object Crashes||111|
|Single Truck Overturns||157|
|Bus Crashes (Excludes school & city buses)||4|
|Weather Related Crashes||267|
|Most common collision type for fatal crashes||Broadside (40.00%)|
|Most common collision type for all other crashes||Ran off Road (15.20%)|
|Peak Hour||1:00pm – 1:59pm|
|Truck & Trailer||127||39||3|
|Tractor / Double Trailer||123||32||5|
|Tractor / Triples Trailer||15||3||0|
|Bus (Excludes school & city buses||4||9||0|
|Totals for 2019||1553||538||50|
Tractor/Triple Trailers Crashes
Top 10 Truck driver At Fault Errors:
- Too Fast For Conditions
- Following To Close
- Fail to Remain in Lane
- Fail to Yield Right of Way
- Improper Lane Change
- Improper Turn
- Disregard Sign
Top Ten Car Driver at Fault (versus CMV) Errors:
- Following too closely
- Fail to Yield Right of Way
- Fail to Remain in Lane
- Disregard Sign or Signal
- Driving too fast for Conditions
- Improper Passing
- Improper Turn
National Truck Accident Statistics
Federal Recordable Motor Carrier Crashes and Rates (2016 to 2019)
|MOTOR CARRIER CRASH SUMMARY||2016||2017||2018||2019|
|TRUCK AT-FAULT CRASH SUMMARY||2016||2017||2018||2019|
|Truck At-Fault Crashes||770||939||703||764|
|Truck Driver At-Fault Crashes||737||899||667||744|
|Truck Mechanical Crashes||33||40||36||20|
|MOTOR CARRIER MILES TRAVELED* & CRASH RATES||2016||2017||2018||2019|
|Motor Carrier Miles Traveled (in millions||1,872||1,905||1,943||1,962|
|All Motor Carrier Crash Rate (per million VMT)||0.88||0.88||0.73||0.79|
|Truck At-Fault Crash Rate (per million VMT)||0.41||0.49||0.36||0.39|
|Fatal Motor Carrier Crash Rate (per million VMT)||0.02||0.03||0.03||0.02|
|TRIPLES CRASHES, MILES TRAVELED* & CRASH RATES||2016||2017||2018||2019|
|Triples Crashes by Year||12||6||11||16|
|Triples Mileage by Year (in millions)||35.0||35.0||36.0||27.0|
|Triples Crash Rate (per million VMT)||0.34||0.17||0.31||0.59|