Oregon UPS Truck
Accident Lawyer

We Handle Truck Accident Cases Involving UPS Delivery Trucks

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UPS trucks are everywhere. Their distinctive brown coloring makes them easy to spot as they traverse the streets of Oregon, drivers fitting in as many deliveries as they can each day. Sadly, sometimes things go wrong. 

A collision with a UPS truck can have life-changing consequences. Due to the huge weight disparity between these vehicles and most regular cars, both UPS delivery truck accidents and UPS 18-wheeler collisions can cause serious injuries and even death.

If you have been hurt or lost a loved one in an Oregon UPS truck accident, you need the help of an experienced personal injury lawyer. The UPS truck accident lawyers at Johnston Law Firm have the knowledge and experience you need to navigate an Oregon UPS accident claim. We understand the impact these crashes can have on people’s lives and can fight hard in pursuit of the compensation you deserve.

You have the right to seek justice for your losses in a UPS truck accident. Discover what Johnston Law Firm can do for you. Contact us today to schedule a free consultation.

Why UPS Truck Accidents Are Complex

UPS truck accidents differ from regular auto accidents in several ways. The sheer size and weight of the vehicles can have terrible consequences for anyone who collides with them. Also, there are federal trucking regulations to consider that make pursuing a personal injury claim more complex.

Catastrophic Injuries From UPS Truck Accidents

There are two main types of UPS trucks on Oregon’s roads – tractor-trailers and delivery trucks. Fully loaded tractor-trailers weigh in at around 80,000 pounds. Even after dropping off their load, UPS trucks still weigh around 35,000 pounds. An average large car weighs around 4,400 pounds, so it’s easy to see who wins in this particular round of David and Goliath.

UPS delivery trucks are considerably lighter, weighing around 6 tons, or 12,000 pounds. However, they can still cause serious damage to passenger vehicles and their occupants. Here is a rundown of some of the most common injuries in truck accidents. 

Fractured bones

The force of the collision can cause fractures caused by being struck by an object or crushed by part of the car. Simple breaks may heal relatively quickly, but complex fractures may require surgery and extensive physical therapy. Some fractures can leave truck accident victims with lifelong disabilities.

Burns

UPS truck accidents can cause fires that lead to burns of varying severity. Some burns can be life-threatening and leave permanent scarring and tissue damage.

Internal bleeding

Blunt force trauma sustained during your UPS truck accident could cause bleeding inside the abdominal cavity or brain. These injuries can be dangerous as they are invisible and may be serious by the time symptoms appear. 

Traumatic brain injuries (TBIs)

Caused by a severe jolt or blow to the head, TBIs are potentially one of the most serious consequences of any truck accident. They can affect all parts of a person’s life. According to the CDC, only 26 percent of persons with moderate or severe TBI improve in the 5 years following their accident. 

Fatalities

In 2021, over 5,000 people lost their lives in truck accidents. If your loved one died in a collision with a UPS truck, a truck accident attorney can discuss your legal options and help you fight for justice. 

It is crucial to work with an experienced truck accident attorney at Johnston Law Firm who understands the long-term implications of your injuries and can fight for the compensation you deserve.

Federal Regulations for UPS Drivers

All truck drivers must comply with federal trucking regulations set out by the Federal Motor Carrier Safety Administration (FMCSA). If a UPS truck driver fails to comply with these regulations, your truck accident attorney may be able to build a case for negligence.

These regulations include:

• Hours of service: In the 1990s, research by the National Transportation Safety Board (NTSB) found that fatigue was a factor in 30 to 40 percent of heavy trucking accidents. Now, drivers can only drive for 11 hours within a 14-hour window. After the window ends, they must go off duty for 10 consecutive hours. There are limits on how many hours truck drivers can drive in a 7- or 8-day period. Violating these federal regulations could strengthen a case for negligence on the truck driver’s part.
• Inspection: FMCSR § 396 requires that trucks are regularly inspected. Records must also be kept, and trucks must not be driven if they are likely to break down or cause an accident. As part of a UPS accident claim, your UPS truck accident lawyer may evaluate these records to look for evidence of negligence by the truck driver or trucking company.
• Medical evaluation: The Department of Transportation (DOT) requires truck drivers to undergo a DOT medical examination at least once every 2 years. If the UPS truck driver did not complete his or her medical examination, a UPS truck accident lawyer may investigate whether an undisclosed medical condition contributed to your accident. 
• Drug and alcohol testing: The DOT requires truck drivers to undergo pre-employment and random drug and alcohol testing. They will also have to take a drug test after any accident that leads to a citation or fatality. If drugs or alcohol played a part in your UPS truck accident, your lawyer may be able to build a strong case that the truck driver was negligent and pursue the compensation you deserve.

All these factors make building a strong case for negligence more complex than cases involving regular car accidents. Your Oregon UPS truck accident lawyer will leave no stone unturned in pursuit of evidence of negligence that caused your truck crash. It is also possible that more than one party may be liable in a UPS accident claim.

Determining Liability

In car accidents, liability usually rests with one of the drivers or is shared between them. However, in a UPS truck accident, there may be several potentially liable parties. An experienced truck accident attorney can explore all the possibilities to determine the strongest route to fair compensation.

The UPS driver

The driver may have driven carelessly or recklessly, causing the accident. He or she could have been tired, distracted, or under the influence of drugs or alcohol.

The company (UPS)

In Oregon, a personal injury claim against UPS may be possible under the legal doctrine of respondeat superior, also called vicarious liability. If the truck driver is a direct employee of UPS, the company may be held liable for his or her negligent acts. 

UPS may have deeper pockets than truck drivers, as the FMCSA requires them to carry insurance ranging from $750,000 to $5 million. However, you may not be able to sue UPS if the truck driver is an independent contractor. 

Other parties

Personal injury attorneys will also consider whether defective parts or mechanical issues contributed to your UPS truck accident. A defective part may have caused the chain of events that led to your accident, and the manufacturer could be sued for compensation. If UPS used a third party to carry out vehicle maintenance, that party could be at fault if it failed to maintain the vehicle correctly.

To prove liability and build strong cases that result in fair compensation, a truck accident lawyer must gather compelling evidence that will stand up to scrutiny in negotiations and in court, if needed.

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How Johnston Personal Injury Law Firm Builds Strong Cases

At Johnston Personal Injury Law Firm, we take a special interest in fighting for justice on behalf of truck accident victims. Our extensive experience equips us to fight for the best outcome in your UPS truck accident case. In fact, Marc A. Johnston, our firm’s owner and managing attorney, is a member of the Academy of Truck Accident Attorneys. 

In every successful UPS truck accident case, a truck accident lawyer must prove the following:

• Duty of care: The negligent party had a duty of care toward you
• Breach: The negligent actions of the truck driver, UPS, or other party were the direct cause of your accident
• Causation: The breach caused your injuries
• Compensation: You are entitled to compensation for the injuries you sustained in the truck accident

Personal injury attorneys work with investigators to gather strong evidence for each of these points. They can gather evidence from a wide range of sources to build a strong case for liability and compensation.

Video footage

Surveillance camera footage from the accident scene may be useful in building a case for compensation. It may show that the UPS driver acted negligently before the accident, or that weather conditions that may have contributed to the accident should have caused the truck driver to take extra precautions.

Police reports

Under Oregon law, you must report all vehicle accidents to the police when injury, death, or property damage of above $2,500 takes place. The police report can provide useful information that could enable an Oregon UPS truck accident lawyer to build a strong case.

This evidence may include:

• The vehicles involved in the crash
• The circumstances of the accident
• The nature of the injuries and property damage
• Citations and violations issued at the scene
• Eyewitness details and statements

The police report will not explicitly say who was responsible for the accident. However, it could strengthen your UPS accident claim and allow your Johnston Law Firm lawyer to build a case for negligence.

UPS records

UPS is required to keep an array of records regarding its trucks and drivers. Every UPS delivery truck and tractor-trailer should have a detailed maintenance record. A UPS truck accident lawyer can analyze these records to see whether poor maintenance contributed to the accident.

The FMCSA also requires UPS to keep truck driver records, including:

• Training files
• Hours-of-service documentation
• Qualifications
• Medical reports
• Pre- and post-inspection records

Additionally, UPS truck accident attorneys may be able to access downloads of on-board tracking and communication systems. These records could shine a light on any mechanical or electrical system failures that contributed to the truck accident.

Improper loading can cause UPS delivery truck accidents. Your truck accident attorney can ask UPS to provide bills of lading and other documentation showing whether the truck was properly loaded before it began its delivery route.

Fight for fair compensation for your injuries

A Johnston Law Firm UPS truck accident lawyer can also thoroughly investigate your injuries and their impact on your life. Your attorney may work with medical and financial expert witnesses to build a strong case for the compensation you deserve, especially in cases involving serious or life-changing injuries.

Depending on the circumstances of your UPS truck accident, you may be entitled to compensation for the following:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering
• Mental anguish and distress

Our UPS truck accident attorneys understand that truck accidents affect people in different ways. From your first free consultation onwards, we will listen to you with compassion and delve deep into your case. We want to give you the best chance to recover the compensation you deserve so you can move on with your life after your UPS truck accident.