The Steps to Take After a Tractor Trailer Crash in West Linn, Oregon
Were you hit by a semi-truck in West Linn? You need to be proactive. Trucking companies and their insurers waste little time in building their defense. Knowing the right steps to take in the immediate aftermath of car accidents can make a big difference. Be sure to do the following:
- Stop Your Vehicle, Exchange Information: The first thing you should do is stop your vehicle and exchange information with the trucker. Get the driver’s name, contact information, their employer’s name, the truck’s license plate number, and insurance details. This will help keep the legal issues to a minimum.
- Report the Truck Accident to the Police: Call the police and report the accident. Under Oregon law, all injury crashes, especially trucking accident cases, should be reported to the authorities. You may report the crash to the West Linn Police Department or another local law enforcement agency.
- Get Medical Attention for Any Injuries: Truck accidents can cause severe injuries. Emergency care always comes first. All non-emergency injuries still require a physician. Injury victims need to see a doctor to be eligible to bring a personal injury claim in West Linn, Oregon.
- Thoroughly Document the Crash: Document the scene of the accident by taking photos of the vehicles, the road, and any other relevant details. Collect witness information and write down everything you remember about the crash. The more documentation, the better. If you or someone you know was involved in one of the few fatal crashes that happen every year, this is very important for filing a wrongful death claim.
- Consult With a West Linn Lawyer Before an Insurer: Before speaking with any insurance adjusters, consult with an experienced West Linn commercial truck accident lawyer who can help you understand your rights, your responsibilities, and protect your best interests. Don’t worry about legal fees for that first conversation, that one is on us!
Large Truck Accidents Often Result in Catastrophic Injuries
- Trucker Error: Specific examples include speeding, distracted driving, fatigue, and other forms of reckless behavior.
- Equipment Failure: If the truck’s brakes, tires, or other components are not maintained properly, they can fail and cause an accident.
- Poor Weather: Rain, snow, and fog can make driving difficult, especially for trucks that are more difficult to maneuver than smaller vehicles. Still, the truck company is responsible for operating safely regardless of the weather conditions.
- Overloaded or Improperly Loaded Cargo: If a truck is carrying too much weight or the cargo is not secured properly, it can cause the truck to tip over or lose control.
An Overview of Truck Accident Liability and Claims in Oregon
Following a commercial truck accident in West Linn or elsewhere in Clackamas County, it is important to understand how liability works. Here are three key points to know about commercial truck accident claims in Oregon:
- Truck Accident Liability is Based on Fault: A trucking company is not automatically responsible for a crash. While they are held to heightened safety standards as a common carrier, Oregon law holds that truck accident liability is based on fault. The party who is responsible for causing the crash—whether the truck driver, truck company, or any other party—can be held responsible for the damages.
- A Comparative Negligence Standard Applies: Oregon follows a comparative negligence standard (ORS § 31.600) for motor vehicle collisions, including semi-truck accidents. Each party to a wreck is liable for their determined “share” of the blame. Your recovery could be reduced if you are deemed partially at fault for a truck accident in West Linn. It is crucial that your crash is carefully investigated by a lawyer.
- Two Years Statute of Limitations for a Claim: Oregon imposes a two-year statute of limitations for filing a claim for damages resulting from a truck accident (ORS §12.110). As the clock starts ticking from the date of the collision, you do not want to fall behind in the claims process. Consult with a West Linn truck accident attorney right away.
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