When truck accidents occur, there is usually some kind of additional property damage that results from the accident beyond the vehicles involved in the crash. This can be a major headache for business owners, as large trucks traveling at high speeds tend to cause serious destruction. Places such as storefronts, warehouses, and storage facilities are especially vulnerable to damage from trucks that turn over or slide during accidents.
Truck driver not paying attention gets hit on train tracks in Eugene
A collision in Eugene on Highway 99 resulted in a semi-truck being torn in half by an oncoming train. The driver was apparently exiting the highway and turning onto McDougal Lane when the incident occurred in the tracks. Witnesses were shocked by the sheer magnitude of the crash and debris left behind. A tow truck driver who worked to clean up the area said he had never seen anything like this in twenty years.
The driver received a citation from the police for not stopping or slowing down at the tracks. He was also taken to the hospital to be treated for minor injuries. The Oregon State Police issued a statement that all drivers need to be careful at railroad crossings due to the possibility of being hit by oncoming trains.
Getting repaid for losses
After the accident, the railroad and along with any other businesses that were transporting cargo will likely have significant losses. This can come in the form of lost inventory, damage to equipment, injuries to personnel who operate the train, and other areas. The fact that the police issued a ticket to the trucker for not crossing the intersection properly is also evidence of fault.
While in some cases of there may be relevant coverage from business insurance, it is still possible to hold the driver and their employer responsible for the incident in addition to making an insurance claim.
A lawyer can file a lawsuit on your behalf alleging that negligence by the driver caused the damage to your business. Negligence is the legal term for when one person causes damage to property or injury to a person because of their carelessness. The strong point of a negligence case is that an accident lawyer can take the total value of all of the losses a business has incurred and argue that the responsible party should pay this entire amount. There are some differences in state laws regarding how fault is portioned between the parties involved, but the initial claim can still ask for the total amount of losses. Oregon uses a system called comparative negligence where a plaintiff can collect in any accident as long as their level of fault is determined to be less than 51% among all parties involved. However, it is difficult to make estimates about how this will affect your case without receiving professional legal advice. The specifics of how this law will function can be explained by an experienced accident attorney after they receive some information about your losses and the incident.
Get help from a local truck accident expert
For those who have incurred losses to property or physical injuries due to a truck driver, it is beneficial to speak with a lawyer who specializes in these kinds of claims. Ray Bradley & Associates is a firm that serves Eugene and nearby regions in Oregon and Washington. They can answer questions such as the value of a claim along with how to get payment for medical bills, property damage, or lost wages.