Experienced Truck Accident Lawyers Serving Portland, OR
Semi-trucks can weigh 80,000 pounds or more, and be up to 75 feet in length – many times larger and heavier than your car or truck.
Along I-5 and I-84 in Oregon, trucks with 2 or 3 trailers – called LCVs – are a common site.
These commercial trucks and trailers are much more likely than passenger cars to be involved in a fatal crash. If you have been in an accident it is important you seek legal representation such as our Portland attorneys.
There are strict rules and regulations that commercial vehicles like semi-trucks and buses must follow. The Federal Motor Carrier Safety Administration (FMCSA) outlines the safe, correct way for commercial tractor-trailers to be loaded, maintained and operated.
When these laws are broken, innocent drivers and passengers are put at risk.
Most truck drivers are well-trained professionals who follow the safety rules regarding record-keeping, hours of service, and cell phone use. However, when a semi-truck is involved in an accident, often the driver is in violation of these regulations. Nearly 33% of all large-truck drivers involved in fatal accidents had at least one prior speeding conviction, compared to less than 20% of passenger vehicle drivers involved in fatal crashes.
Frequently Asked Questions (FAQs)
Q: Who will pay my damages? The trucking company?
In a typical truck accident claim, it is the driver’s insurance company that pays the claim. Normally, the trucking company cannot be held liable unless the company itself can be said to have caused the accident. If the trucker is an actual employee of the trucking company (a rather unusual case), the trucking company can be held automatically liable for the trucker’s negligence. Truckers are usually heavily insured, however.
Q: My child was killed in a truck accident. What are my options?
As a parent, you can file a wrongful death lawsuit against the trucker or file a claim against his liability insurance policy. The other parent or the child’s grandparents might also be authorized to file a wrongful death lawsuit. Compensation is distributed among close family members, particularly parents. In most cases, the statutory deadline for filing a lawsuit is three years after the accident.
Q: What do I have to prove to win my case?
In a negligence case (as most truck accident cases are), you must prove four facts to win:
- The defendant owed you a duty of care. This is easy to prove, since all drivers have this duty.
- The defendant breached his duty of care. He may have violated a traffic law, for example, followed you too closely, or violated a trucking regulation.
- The defendant’s breach of duty was a substantial cause of the accident.
- You suffered personal injury and/or property damages as a result of the trucker’s breach of duty.
Q: What are some possible defenses that might be raised?
Many possible defenses might be raised, depending on the exact circumstances of the accident. The defendant or the insurance company might, for example, assert that:
- The accident was your fault, or partly your fault.
- The statute of limitations deadline for filing a lawsuit has already expired.
- The accident did not cause your injury (it was pre-existing, for example).
Other defenses might also be available.
Injured in a Portland Truck Accident?
If you have been injured in a truck accident, or if a family member has been seriously injured or died as a result of a truck crash, you can contact D’Amore Law Group for a free consultation. Our experienced Portland, OR truck accident lawyers are capable of handling the most complex cases.
Recent Results Obtained By Our Truck Accident Attorneys in Oregon
- $2 million dollar result on behalf of the widow whose husband was killed when he was rear-ended by a semi-truck in Oregon. The man’s car was pushed off the road into a ditch and burst into flames. Investigation after the crash showed that the truck driver had illegal drugs in his system at the time of the accident, and had falsified log reports.
- $1.4 million dollar settlement in Medford, Oregon trucking accident
D’Amore Law Group client William Geary (Central Point) was stopped in a line of cars on Biddle Road, waiting for the light to turn green, when he saw a double trailer semi-truck traveling fast, make a turn onto Biddle… read more
Contact an Experienced Portland Truck Accident Attorney for Help
For more information or to find out if you have a case, call our dedicated Portland truck accident lawyers for a free consultation.