The aftermath of a truck accident involves dealing with injuries, insurance claims, and potential legal action. In these tragic situations, choosing the right truck collision attorney can significantly affect the outcome of your case.
It’s no secret: truck collision cases are complex. They often involve obscure laws, industry regulations, and multiple liable parties. A dedicated truck collision attorney—one who understands and anticipates these challenges—can better advocate on your behalf. In this blog, we will discuss some of the common issues that plaintiffs face when bringing a truck crash lawsuit and how working with a law firm that handles truck wrecks can help.
What does a truck collision attorney do?
The truck accident attorney's role extends beyond legal representation in the courtroom. They apply standards set by the Federal Motor Carrier Safety Administration (FMCSA), gather evidence to determine the at-fault parties, and negotiate with insurance companies. Perhaps most importantly, they help you understand your rights and options after an accident involving a commercial vehicle.
Contact our truck crash law firm, or speak to a Truck Collision Attorney for a free consultation: (503) 227- 1233
Understanding the Unique Challenges of Truck Collision Cases
While trucking accidents fall broadly under the umbrella of “motor vehicle accidents,” truck collision cases differ significantly from typical car accidents. These differences may include:
The force of the crash:
Trucks can weigh several times more than passenger vehicles, and the difference in size and weight between vehicles can introduce challenges and increased damage potential.
Different laws:
As with crashes involving other types of commercial vehicles, commercial trucks must adhere to regulations specific to the trucking industry, including state and federal laws that only apply in certain cases.
Multiple parties:
Multiple parties may be responsible for an accident, including the truck driver, the trucking company, the company that loaded the vehicle, the truck broker, and even the vehicle manufacturer, which might share liability.
Multiple insurance policies:
To add to the complexity of trucking accidents, sometimes the tractor and trailer of a truck may have different insurance carriers. Even one component of the truck might have multiple layers of insurance and a truck collision attorney understands how to find the insurance available for severe injury and death cases.
Detailed evidence:
The evidence in truck collision cases may include data from a truck's electronic logging devices, vehicle maintenance records, driver logs, and so forth.
Read More: How To Choose The Best Trucking Law Firm
Statute of Limitations for Truck Accidents
The statute of limitations is a legal time limit within which a lawsuit must be filed. This is different in every state. A truck crash lawyer is important in helping to determine where a case should best be filed as that can be very confusing when you have truck drivers residing in one state, trucking companies registered as a business in another, the injured person in a third and the crash occurring in a fourth. Where you file is often very important and it is important to know how quickly you must file a truck crash case to preserve your rights. The following statutes of limitations apply in states where we primarily practice, although our lawyers are involved in truck and commercial vehicle cases throughout the United States as co-counsel with other law firms who hire us for our professional skills.
Oregon’s Statute of Limitations on Truck Accident Lawsuits
Do you need to file an Oregon truck accident lawsuit? The law requires you to file a case within a certain period of time called a "Statute of Limitations."
The State of Oregon permits two years from the date of the accident to file a personal injury lawsuit. The Oregon statute of limitations extends to three years if the case involves a wrongful death claim.
There are exceptions for minors who are injured that could extend their statute of limitations.
Since there is a great deal of investigation and record gathering that must occur in a truck crash case it is important to obtain a lawyer quickly in these cases. Lawyers can help ensure that evidence is preserved and investigated early in a case to ensure the best case outcome.
Washington’s Statute of Limitations on Truck Accident Lawsuits
The State of Washington permits three years from the date of the accident to file a personal injury lawsuit. Washington also has a three year statute of limitations for wrongful death cases.
There are exceptions for minors who are injured that could extend their statute of limitations.
Again, you must get a lawyer soon in order to preserve important evidence in the crash. It is also common for lawyers to reject even great cases if you are too close to the statute of limitations.
Speak to a truck collision attorney to begin the process: (503) 227- 1233.
5 Factors to Finding The Right Truck Collision Attorney
Choosing the right truck collision attorney involves careful consideration of several factors. Making an informed decision can help you navigate the legal process more effectively and increase your chances of a successful outcome. Here are a few elements to consider as you decide on your legal representation:
1. Truck Crash Litigation Experience
While any personal injury attorney may advertise that they accept complicated commercial trucking cases, experience matters more than marketing. When selecting a truck collision attorney, look for someone with education, training and a proven track record in truck accident cases, including trial work. The decision to settle or go to trial is a significant one, and a skilled attorney can guide you on the best course of action based on your specific circumstances.
Experience in Action: Common Causes of Truck Accidents and Their Legal Implications
Truck accidents often stem from various contributing factors, and understanding these causes can help frame successful legal strategies. Ultimately, attorneys must demonstrate how these factors contributed to the accident. Establishing negligence is critical in securing compensation, and an experienced truck collision attorney will leverage evidence from their detailed investigations to determine legal responsibility. For example:
Driver fatigue is a leading cause of accidents.
Truck drivers work long hours, sometimes bypassing rest regulations. Fatigue impairs judgment and reaction time, making this a significant safety issue. A truck collision attorney may be able to prove that the truck driver was working longer hours than they should have been and that their employer was responsible.
Improper loading of cargo can also lead to accidents.
Overloaded or imbalanced freight affects a truck's handling, which increases the chance of rollovers or jackknifing. A truck accident attorney may use evidence of improper loading to show third-party liability.
Mechanical failures are another common issue in trucking accidents
Poorly maintained trucks or defective parts can fail without warning. Mechanical issues may point to an additional product liability case.
Our lawyers are members of the Academy of Truck Accident Attorneys, the only legal industry group that trains and certifies truck collision attorneys. We attend truck collision educational conferences and have professional resources only available to ATAA members. We have experience handling truck collision and commercial vehicle crash cases both as the primary lawyers and as co-counsel with other lawyers nationally including serious injury and death cases. With 25 years’ experience in plaintiff representation, DeShaw Law Firm stands ready to assist you after a trucking accident. Call us at (503) 227-1233 for a free consultation.
2. Medical Knowledge of Injuries Caused by a Truck Crash
Medical knowledge is another important factor when choosing an attorney to represent you in a trucking case. Ideally, your truck wreck lawyer will understand the medical implications of your injuries and can better represent the scope of your damages. Compensation for your losses is a key aspect of your case; an attorney can help you receive compensation for medical bills, lost wages, pain and suffering, and so forth. The attorney's network of experts can also be beneficial.
A medically literate attorney can significantly improve your claims process. Having proficiency in medical terminology can help them interpret medical records accurately and ask for additional information as needed. Not only can this streamline the gathering of necessary documentation, but it can also help improve communication with your healthcare providers.
An experienced, medically literate attorney will also be able to anticipate potential long-term consequences of your injuries: a crucial component in calculating fair compensation. This foresight is key to ensuring comprehensive coverage for your recovery journey. They will be able to expertly cross-examine the defense’s medical experts and know how to challenge conflicting medical testimony.
This is one area where our firm is much different because it is lead by a former Doctor of Chiropractic. Dr. DeShaw was a licensed doctor who practiced as a doctor from 1993 to 2000 in the US and Europe before becoming a lawyer. In that role he conducted DOT examinations for truck drivers and performed drug and aIcohol testing for truck driver certification and post-crash evaluations. In 2000, Dr. Aaron DeShaw left his career as a Doctor of Chiropractic to serve injured people as a lawyer. Over the past 30 years, Dr. DeShaw has lectured nationally and internationally on a wide variety of traumatic injuries to both doctors and lawyers. The legal team at the Law Offices of Aaron DeShaw, Esq. P.C. prides itself on an exhaustive understanding of the medical issues that can arise from a catastrophic injury.
Speak to a Truck Collision Attorney: (503) 227-1233
3. Reputation within the Legal Industry
As you consider potential legal representation, you may wish to consider the settlement and verdict outcomes of the lawyer, the career achievements of the lawyer, how you like the lawyer, and the opinions of previous clients.
Case Outcomes:
If you are hiring a lawyer, their outcomes will tell you much about how good they are. So, compare case outcomes from lawyers in the same state.
Since case outcomes vary widely, it is not helpful to review an Oregon lawyer to large out of state law firms that are reporting case outcomes from California, Florida or other states where juries return much larger verdicts than in Oregon or Washington.
Our firm has the highest compensatory damage jury verdict in Oregon history- $77,523,748.93 and the highest personal injury verdict in Ohio history - $82,105,345.70. We are perhaps the only personal injury firm in Oregon history to obtain jury verdicts and settlements in personal injury cases of more than one billion dollars. This is particularly rare given that we accept a small number of cases as opposed to tens of thousands of cases like large national law firms. You can review a sample of our settlements and trial verdicts here. [Please note: Past results do not guarantee future results. Every case is different and must be judged on its own merits.]
If you are looking at other law firms with thousands of lawyers working throughout the United States it will be hard to know the outcomes of the lawyer that will be assigned to your case, and whether they know anything about Oregon or Washington law. If a local law firm doesn't list case outcomes, it might tell you something about their settlements and verdicts, despite positive client reviews.
Case outcomes and their impact on settlement offers:
You aren’t the only one to whom your truck accident lawyer’s reputation matters; a law firm with a track record of going to trial increases your chances of a favorable settlement offer. Insurance companies looking to minimize their payouts maintain databases on the reputation of your law firm. They can also license software that tracks each lawyers court outcomes.
Professional Reputation:
Look at what is said about the lawyer's skills nationally and regionally.
Our lead lawyer, Dr. Aaron DeShaw, Esq. is an award winning trial lawyer. He is one of few lawyers in Oregon to be awarded the Presidential Award by the Oregon Trial Lawyers Association for lifetime achievement in the field of law. He is one of less than 100 Oregon lawyers and judges selected for the American Board of Trial Advocates, and has been named to Super Lawyers (the Top 5% of Oregon lawyers) in multiple years. He has authored several books and spoken on many legal education videos. In the past, Dr. DeShaw has served as a resource for media such as CNN, MSNBC, BusinessWeek, A.M. Best, and other national media on the topic of insurance claims practices.
DeShaw is considered one of the most influential plaintiff lawyers in the United States through his legal publishing company Trial Guides; "Trial Guides and its founder, Aaron DeShaw, have armed, honed, and inspired more plaintiff's attorneys than anything else this century." Leading trial consultant David Ball Ph.D., author of the landmark legal books David Ball on Damages, Reptile, and Damages Evolving. DeShaw publishes the books that insurance companies worry about most, and has them often years before they are released to other lawyers.
Reviews:
Testimonials and reviews can be a great window into an attorney's strengths, communication style, and availability. That said, keep in mind that a law firm that handles hundreds or thousands of small cases that all settle will have 100s to 1000s of times more clients than a law firm like ours who only accept a small number of serious cases and see them through to trial. If you see large numbers of reviews, it likely means that it is a law firm that handles a high volume of less serious injury cases. This is particularly true with large national law firms now moving into Oregon and Washington that have thousands of lawyers throughout the United States and are representing more than 100,000 clients at a time, and which have an average case settlement value of less than $10,000.
We welcome you to review our Avvo Reviews, Google Reviews, and SuperLawyers Profile. To speak to a truck collision attorney in Oregon, call (503) 227- 1233.
4. Is this the best lawyer for your case?
Always try to meet face to face with an attorney before retaining them; this can help you gauge their level of professionalism and commitment to clients.
Truck crash claims can take two years or more. There are some important things to consider in choosing the best truck accident attorney.
- Do you like the lawyer?
- Do you get to meet the lawyer at the client intake meeting?
- Did the lawyer take time to get to know about your case and your injuries when you met?
- Does the attorney understand truck crash cases, and the necessary investigation and expert witnesses to support your case?
- Do they understand the injuries you have as the result of the truck crash?
- Are they prepared to go to trial if you are given a settlement offer that is too low?
Many lawyers advertise for trucking cases, but have little or no experience handling them. Since truck accidents often involve unique regulations and industry practices, a general personal injury lawyer may not have sufficient experience, education and training to get you the best outcome in your truck crash case.
5. Trial History
When handling the aftermath of a truck accident case, one major decision is whether to settle or go to trial. Each route has its own set of advantages and drawbacks, but it is important that your truck collision attorney is prepared to go to court for you. While arguably a riskier and longer road, going to trial can lead to a potentially larger award if the insurance company makes a low offer. Some defendants offer settlements to avoid the risk of paying a trial verdict once a jury hears the case. Some will offer larger settlements if the threat of trial is supported by your attorney’s reputation. Other insurers simply roll the dice and contest every case in hopes that jurors will refuse to provide reasonable compensation to someone who is injured. The larger insurers consider the risk of blanket case denials and know that holding the money for investment as long as possible, comes out to their financial advantage even if they make the injured person suffer and lose everything. Our primary job is fighting this type of injustice.
Choosing a seasoned truck collision attorney can significantly impact the outcome of your case. A strong track record of successful trucking cases—and a willingness to go to trial—also signals reliability and skill. Past success can be one indication of future success but does not guarantee any outcome in your case.
The team at DeShaw Law takes tremendous pride in our trial results, which include Oregon’s largest personal injury verdict: $77.5 million.
Read More: $32,500,000 Truck Crash Verdict and Settlement
Get a Free Consultation from your Truck Collision Attorney
Reputable truck collision attorneys will always offer a free initial consultation to potential clients as a chance to meet face-to-face and discuss your case. During the consultation, you can evaluate the attorney's expertise and decide if you want them to represent you.
During your free consultation, pay close attention to how your attorney explains the legal process and advises you on your next steps. Do they seem engaged and invested, or distracted and disinterested? Can they anticipate potential challenges to your case? Do they offer a realistic roadmap to resolution on your expected timeline?
DeShaw Law offers free consultations on all truck crash cases. To speak to an Oregon truck collision attorney, call (503) 227- 1233.
Read More: Oregon Truck Accident Attorney Shares 5 Surprising Facts