Trucking Company Accidents

PORTLAND OREGON TRUCK INJURY ACCIDENT LAWYER

Personal injury litigation against semi-truck drivers requires a whole different approach. In truck cases, there is more at stake due to the catastrophic injuries typically resulting from collisions with semi-trucks and trailers, there are higher insurance limits, and the insurance defense team is always top notch.

To stay in the game, you need a lawyer who knows how to find the company’s “weak spot.”

If a truck driver has a history of drunk driving, gets drunk and kills someone, that is a weak spot. If a truck driver violates the Federal Motor Carrier Safety Administration’s rules and regulations with his employer’s consent, that’s a huge weak spot. If a business puts speed over public safety, and an employee kills someone racing to beat a deadline, well, you get the idea. Finding and leveraging weak spots is what the good personal injury lawyer does to level the playing field and recover damages for clients injured in trucking accidents.

Jurors don’t tolerate companies that put dangerous drivers on the highway or companies that put speed over public safety. Where profit motive is involved, some businesses cut corners if they think they can get away with it. Large punishing jury verdicts are one way to get their attention. Commercial insurers may try to hide their weak spots to avoid having to pay the deserving victim all the money he or she is entitled to. Find and apply pressure to that weak spot, and you are much more likely to get the fair settlement you deserve.

The Federal Motor Carrier Safety Administration governs commercial truck drivers and the companies that employ them. The following is a list of 16 weak spots.

1. Failing to implement an alcohol and/or controlled substances testing program.
2. Using a driver known to have an alcohol content of 0.04 or greater to perform a safety-sensitive function.
3. Using a driver who has refused to submit to an alcohol or controlled substances test required under Part 382.
4. Using a driver known to have tested positive for a controlled substance.
5. Failing to implement a random controlled substances and/or alcohol testing program.
6. Knowingly using a driver who does not possess a valid CDL.
7. Knowingly allowing, requiring, permitting, or authorizing an employee with a commercial driver’s license which is suspended, revoked, or canceled by a state or who is disqualified to operate a commercial motor vehicle.
8. Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.
9. Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
10. Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility coverage.
11. Knowingly using a disqualified driver.
12. Knowingly using a physically unqualified driver.
13. Failing to require a driver to make a record of duty status.
14. Requiring or permitting the operation of a commercial motor vehicle declared “out-of-service” before repairs are made.
15. Failing to correct out-of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again.
16. Using a commercial motor vehicle not periodically inspected.

Litigation against truck drivers — finding the weak spots — is complicated. Legal theories against the business that employs the truck driver, like respondeat superior, vicarious liability, and direct liability may be involved. By filing a lawsuit against the driver and the business that employs him, the plaintiff’s lawyer is able to get access to files within the business. These files may produce evidence of the company’s malfeasance. When malfeasance is widespread within a company, who holds the company accountable? The American Jury does. First, though, it takes a person who is brave enough to stand up to the insurance company in court. Having a good trial lawyer represent you can make this process so much easier and much less stressful. When company malfeasance is rampant, the civil justice system offers a way to punish the wrongdoers, so they don’t commit wrong again.

Get started with a free consultation. Call Steve Smucker at 503-224-5077 and request a free telephone consultation to discuss the relevant facts, and get your questions answered.