Truck Accident in Oregon? You Need an Local Truck Accident Attorney
While no two truck accidents are exactly the same, many large commercial truck wrecks have several complicating factors in common. They may draw from several lines of commercial insurance; they may have resulted in serious injury; and they may be difficult to resolve for their full value, as insurance companies will fight hard to delay or deny your claim.
That’s why choosing the right truck collision attorney is critically important. If you have been affected by a serious motor vehicle crash involving a big rig (semi truck, 18-wheeler or similar), call (503) 227 1233 to speak with one of our Oregon truck accident attorneys.
Read More from DeShaw Law: When To Consult A Lawyer For A Truck Accident
What to Ask a Truck Accident Lawyer During Your Initial Consultation
1. “What is your experience with Oregon truck accident cases?”
Choose a lawyer who regularly handles commercial truck and semi‑truck crashes on Oregon highways like I‑5, I‑84, Highway 97, and U.S. 20, not just car accidents. Recent fatal crashes on Highway 97 in Klamath and Sherman counties, as well as a jackknifed big‑rig crash on U.S. 20 in Deschutes County, highlight the complexity and severity of Oregon truck cases.
Confirm their knowledge of Oregon deadlines
Truck accidents, including those involving motorists and pedestrians, are considered personal injury events. As such, they fall under Oregon’s personal injury statute of limitations, affording just two (2) years from the date of your truck crash to file a personal injury lawsuit (ORS 12.110). Wrongful death claims can have a longer, three‑year window, while property‑damage‑only claims may have up to six years.
The trucking industry is banking on many injured people failing to file their truck accident claim in time. Every day, between 1,300 and 1,400 truck accidents occur across the US. Many of these serious accidents settle out of court, often for less than their full value. Still others are not filed within the two-year statute deadline, rendering them unfileable. If you have been hurt in a truck accident, speak to a truck accident attorney promptly to learn about your options.
Ask about “comparative fault”
Oregon follows a modified comparative fault rule: your compensation is reduced by your percentage of fault, and you are barred from recovery if you are more than 50 percent at fault. Hire a lawyer who can push back when insurers try to blame you for issues like speed, following distance, or reaction time to a jackknifed or turning truck.
DeShaw Law has a 20-year history of fighting insurance companies, both individually and in large class action lawsuits, exposing widespread, systematic collusion between insurers within the industry. Oregon's bad faith laws have become more accommodating in recent years; a free consultation with a truck accident lawyer should include questions about this critical legislative change.
Check their grasp of trucking regulations
Your lawyer should understand both Oregon and federal trucking rules, including hours‑of‑service limits, maintenance and inspection duties, and requirements for emergency warning devices when a rig is stopped or jackknifed in dark conditions. (In the Deschutes County U.S. 20 crash, a lack of emergency warning equipment around a jackknifed truck was identified as a key factor, illustrating how regulatory violations can drive liability.)
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2. “What is your process for vetting and evaluating evidence?”
Trucking companies often control critical evidence like electronic logging device (ELD) data, dash‑cam video, and maintenance records. You will want to choose a truck accident lawyer who promptly sends preservation letters, secures black‑box data, and documents the crash scene—especially in serious wrecks that quickly clear from the roadway.
Confirm their familiarity with insurance requirements
Oregon requires minimum 25/50/20 liability limits on commercial auto policies, but heavy trucking operations and vehicles over 10,000 pounds typically carry at least $750,000 in liability coverage or more. An experienced Oregon truck accident lawyer will identify all available policies, including the truck’s liability, excess coverage, and possibly employer or broker coverage, to avoid settling for bare minimum limits.
Ask about wrongful death and catastrophic injury cases
Recent Oregon crashes involving semi‑trucks have caused fatalities, including an Idaho driver killed in a Highway 97 crash near milepost 228 and a driver killed when colliding with a commercial truck in Sherman County. If your case involves a death or life‑changing injuries, look for a lawyer who has handled wrongful death and high‑value trucking claims, not just minor injury cases.
Ensure they know government‑related rules
All trucking companies are subject to guidelines put forth by the Federal Motor Carrier Safety Administration (FMCSA). If a crash involves a government‑owned truck or a dangerous roadway condition, Oregon’s Tort Claims Act may require formal notice within 180 days—much shorter than the usual two‑year window. Hire counsel who can quickly identify government entities (state, county, or city) that may share fault and comply with special notice rules.
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3. “How many cases do you accept, and how many of them go to trial?”
Oregon truck cases often involve powerful insurers who aggressively dispute fault and damages, especially where there are allegations about speed, lighting, or driver actions around a jackknifed truck. When deciding on a truck accident lawyer to represent you, be sure to ask about their history of both settlements and jury trials in Oregon civil courts. Be sure they are prepared to litigate if negotiations stall.
Look for a local presence
A strong Oregon truck accident lawyer should explain statutes of limitation, comparative fault, medical bill handling, and expected timelines in plain language. Because many serious truck crashes occur in rural areas like Klamath, Sherman, and Deschutes counties, local familiarity with Oregon State Police investigations and regional courts can be especially valuable.
Your Oregon truck accident lawyer should be able to do more than simply file your truck accident lawsuit. Look at their Google reviews, their Avvo score, and of course, any “Results” page offered on their website. The attorney’s blog should also mention recent verdicts in truck accident cases.
Avoid settlement mill firms
The truth is: not all attorneys are created equal. While some will fight for every penny you are owed—up to and including non-economic damages like pain and suffering— other law firms operate on a business that puts quantity over quality. “Settlement mill” law firms tend to take every case they get, will seek to resolve your case quickly—but rarely for its full, fair value.
How can you tell a settlement mill law firm? While this is a subjective distinction to some degree, look out for personal injury attorney firms that require a retainer or up-front payment; some attorneys may choose to operate on this business model, expecting that some clients will receive no money. Always choose an attorney who offers free consultations and a “contingency fee” model: one where they only accept payment after you have been paid.
Consider their trial record, verdicts, and accolades
Perhaps the best indication of an attorney’s willingness to go to bat for their clients is in their trial outcomes: strong verdicts can only come from competent attorneys. Ask the attorney to describe a recent case; ask why it could not be resolved out of court, how they formulated a trial strategy, and what sort of techniques they used to get to a verdict. You may also be able to find press releases about recent cases if they were exceptional outcomes.
DeShaw Law recently secured a multimillion-dollar trucking verdict in Oregon, as well as a record verdict for a personal injury amputation case involving a truck. As experienced truck accident lawyers, we do more than simply file a truck accident lawsuit. We confirm the at-fault party, negotiate aggressively with your insurance company, and leverage our 20+ years in the industry to improve your truck accident claim.
Like any profession, the legal industry includes several third-party organizations that can help you vet and choose a competent truck accident lawyer. SuperLawyers and Avvo are popular platforms you may wish to review, as is the collection of Google business reviews on the attorney’s web search listing. While there is no “best” way to choose a truck accident attorney, client reviews are generally considered among the most reliable.
Read More from DeShaw Law: Oregon Trial Lawyer Aaron DeShaw Receives Oregon Trial Lawyer Association’s Presidential Award
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DeShaw Law is a Portland personal injury law firm with a focus on Oregon & Washington personal injury cases. Firm founder Aaron DeShaw is one of fewer than 100 trial lawyers who have been selected for the American Board of Trial Advocates, and has brought multiple cases to 7 or 8-figure verdicts.
If you have been hurt in a trucking accident, gather your medical bills and police report and call us for a free consultation.