After more than 20 years in the industry, the truck accident attorney at DeShaw Law have seen almost every type of truck accident case, at every corner of the country. Our law firm has special education, training and experience in truck accident injuries, particularly those involving passenger motor vehicles and semi-trucks. Accidents like this often result in serious injuries, large medical bills—and, for many, more questions than answers.
In this blog, our Oregon truck accident lawyer reveals secrets about the industry that may change the way you see the trucking industry.
If you have been injured in a truck accident in Oregon, call the Portland truck accident lawyer at DeShaw Law: (503) 227-1233.
1. Rural areas see more fatal truck accidents than urban areas.
While fatal truck accidents occur anywhere, they are more common in rural areas. According to the NHTSA, r55% of all fatal truck accidents occur in rural areas. Dark, sparsely traveled country roads can make driving more dangerous; not only do they increase driver fatigue, but they may encourage truck drivers to speed when the roads are less congested. Adverse road conditions and winding or unmarked roads may also make semi-truck accidents more likely in rural areas.
If you have been involved in a semi-truck accident in a rural area, know that you are not alone. Contact DeShaw Law today to discuss your truck accident claim: (503) 227-1233.
2. Trucking companies are required to carry at least $750,000 in liability insurance.
The minimum level of trucking insurance was set at $750,000 in 1980 following a deregulation of the trucking industry. This amount was intended to reduce the financial risk of catastrophic injury and loss after a trucking accident.
According to World Insurance:
"If a truck carries non-hazardous materials and weighs 10,001 pounds or more, a $750,000 liability policy limit is required… For hazardous materials trucks, liability policies must have significantly higher coverages due to the risk and expense of cleaning up hazardous spills. A $5 million policy must be carried at all times for trucks that deliver radioactive materials, explosives, [gasses], or anything that’s poisonous by inhalation."
In the four decades since this minimum was enacted, the amount has not been increased; adjusting for inflation, a comparable policy would be about $2.9 million in today’s dollars. While some trucking companies continue to carry the minimum insurance amount, many large interstate trucking companies carry insurance policies well over $1 million, with additional insurance to cover specific types of cargo. A minimum of $5 million in insurance is required for trucks transporting hazardous materials.
What kind of truck accident injuries does a truck’s insurance policy cover?
An insurance company’s liability policy will cover both bodily injury and property damage in the event of a truck accident. If a motorist, cyclist, or pedestrian incurs hospital bills from a truck accident injury, the trucking’s insurance carrier pays these bills from their liability policy.
If you have been injured in a truck accident, it is essential to note that the truck company responsible for your injuries is legally required to carry insurance—and that insurance companies will fight hard to keep you from receiving full, fair compensation for your injuries. Call the truck accident attorneys at DeShaw Law at (503) 227 1233 to learn how an Oregon truck accident attorney can dramatically improve the outcome of your truck accident case.
Read More: Minimum Insurance Levels for Motor Carriers (Truck Safety Coalition)
3. Both Oregon and Washington have a higher percentage of fatal truck accidents than the national average.
The national average of fatal truck accidents as a percentage of total fatal vehicle accidents is 9.3%. This means that, of all fatal accidents on American roads, 9.3% involve a large truck. According to data published by NHTSA, Oregon, and Washington see higher-than-average rates of fatal truck accidents, at 9.8% and 9.1%, respectively:
Why is this data significant?
It shows that Washington and Oregon drivers are at a slightly increased risk of being involved in a fatal trucking accident. This is largely because Oregon and Washington see many common types of truck freight up I-5, as well as across I-84 (Oregon) and I-90 (Washington).
Washington and Oregon drivers have a right to safe roads and highways—and trucking companies have an obligation to minimize risks by maintaining their fleet, training their drivers, and continually monitoring their drivers for changes in their driving behavior.
If you have been injured in a trucking accident in Oregon or Washington, you have a right to legal representation—and to financial compensation for your injuries. Talk to the experienced truck accident lawyers at DeShaw Law to learn more about how we can help: (503) 227-1233.
Read More: What Does a Truck Accident Lawyer Do?
4. More than 1 in 5 truck drivers involved in fatal traffic crashes have been involved in a crash before.
According to NHTSA, commercial drivers are more likely to have been involved in previous traffic crashes than drivers of other types of vehicles. As reported by NHTSA, 20.8% of all commercial drivers have been in a previous crash, compared to 19.9% of motorcyclists, 18.2% of passenger car drivers, and 17.2% of light truck drivers. While DWI convictions, speeding convictions, and recorded suspensions are generally lower for truck drivers, the data is nonetheless worrisome.
Trucking companies have an obligation to vet, train, and regularly monitor their fleet drivers. Failing to do so can put other drivers at risk.
Occupants in other vehicles are more likely to die in a truck accident than the truck driver.
The numbers are startling: More than 7 in 10 of all people killed in large truck crashes were the occupants of other vehicles.
5. Truck drivers’ hours are strictly regulated.
Truck drivers’ hours are strictly regulated to ensure safety on the roads and prevent accidents caused by driver fatigue; these rules aim to minimize the risk of fatigue-related crashes, which have been a significant concern in the trucking industry.
The Federal Motor Carrier Safety Administration (FMCSA) enforces these regulations through the Hours of Service (HOS) rules, which dictate how long truckers can drive and when they must take breaks. Under these rules, drivers are limited to 11 hours of driving after 10 consecutive hours off-duty, and they cannot drive beyond the 14th hour after starting their shift, regardless of breaks.
In addition to the daily driving limits, the HOS regulations also mandate weekly limits. Truckers are not allowed to drive after being on duty for 60 hours in seven consecutive days or 70 hours in eight consecutive days. Once this limit is reached, drivers must take at least 34 consecutive hours off-duty to reset their workweek. This provision, known as the "34-hour restart," is designed to ensure that drivers get adequate rest between long stretches of driving, further reducing the likelihood of accidents caused by exhaustion.
The strict regulation of truck drivers' hours is a critical aspect of ensuring road safety and protecting both the drivers and the public. While these rules are essential for preventing fatigue, some in the industry argue that the regulations can be too rigid, creating logistical challenges and inefficiencies. Nevertheless, the balance between ensuring drivers are well-rested and maintaining operational flexibility continues to be a central focus for regulators and the trucking industry.
Read More: Interstate Truck Driver’s Guide to Hours of Service
If you have been injured in a trucking accident, truck crash, or multi-car pile-up on Oregon or Washington roads, the compassionate trucking accident lawyers at DeShaw Law are here to help. We offer free, comprehensive consultations on your accident injury claims, as well as expert advice and legal representation.
Contact us to speak to an Oregon Truck Accident Attorney at DeShaw Law: (503) 227-1233