Semi truck accidents are not simply bigger versions of a car accident. A loaded tractor trailer can weigh more than 80,000 pounds; the injuries are worse, the regulatory rules are different, and multiple parties are often involved. If you or someone you love was just hit by a semi or other commercial truck, here is what to do next.
Hit By a Commercial Truck in Oregon? Call Barton Trial Attorneys: (541) 265-5377
What to Do After Being Hit by a Commercial Truck
1. Get medical care right as soon as possible.
Call 911, accept medical transport if it is offered, and see a doctor even if you feel fine. Adrenaline masks pain. Brain injuries and spinal injuries often show symptoms hours or days later, and many injuries are never reported at the scene. A prompt medical record also connects your injuries to the crash. This is the single best way to preserve the integrity of your insurance claim.
2. Call the police at the scene and file a report.
In Oregon, drivers involved in a crash causing injury must stop, help the injured, and exchange information. Ask for the responding officer’s name and agency and the report number. If you are able, tell the officer plainly what happened. Do not guess, and do not apologize; an apology at the scene can later be framed as an admission.
3. Document the scene.
Documenting the scene is one of the most valuable things you can do, but only if you are physically able. If you can’t, ask another person on the scene for assistance. Capture:
- The truck’s DOT number, trailer number, and company name on the door
- Both vehicles’ positions and damage
- Skid marks, debris, road conditions, signage, and weather
- Hazmat placards or cargo spills
- Your visible injuries
- Names and phone numbers of witnesses, including drivers who stopped
4. Preserve your vehicle and your medical records
Treat both as evidence in an ongoing legal case; do not let your car be repaired, sold, or scrapped. Keep every medical bill, prescription receipt, and pay stub. We also recommend that you keep a short daily journal of your pain, your limitations, and what you can no longer do; this can be compelling evidence of your pain and suffering, particularly if it is corroborated with other evidence.
5. Speak with a truck accident attorney to discuss your options.
The most important evidence in a trucking case belongs to the trucking company. A preservation letter sent in the first week can protect black box data, logbooks, and camera footage. A letter sent in month six may arrive after it is gone. An experienced truck accident attorney knows what to demand, from whom, and how fast. Call Baron Trial Attorneys at (541) 265-5377 for a free consultation.
Do not talk to the trucking company’s insurance company.
You may get a call within days, sometimes within hours. The adjuster may sound helpful. Their job is to close the insurance claim for as little as possible. Do not give a recorded statement, do not sign a medical authorization, and do not accept a settlement before a lawyer has reviewed it. Once you sign a release, the claim is over, even if you need another surgery next year.
Why Commercial Truck Accidents Are Special
Commercial truck accidents differ from ordinary collisions in the following ways:
The injuries are often catastrophic.
Large trucks cause traumatic brain injuries, spinal cord injuries, amputations, crush injuries, and burns. In accidents involving large trucks, the people killed are overwhelmingly the occupants of passenger vehicles.
The industry is federally regulated.
Commercial drivers and the companies that employ them must follow the Federal Motor Carrier Safety Regulations: rules on driving hours, driver qualification, drug and alcohol testing, inspections, maintenance, and cargo securement. Every one of those rules is a measure of what safe conduct looks like, and every violation is potential evidence.
Much of the evidence is electronic, and it disappears.
As we have written, Engine control module data, electronic logging device records, dash camera footage, telematics, and dispatch messages can all show exactly what happened. Much of it is overwritten or purged on routine schedules.
There are often multiple parties.
A single commercial vehicle accident can involve the truck driver, the motor carrier, a freight broker, the shipper, the company that loaded the cargo, a maintenance contractor, and a parts manufacturer, each with its own insurance company and its own lawyers. When multiple commercial parties share responsibility, each one has a reason to blame the others—and all of them have a reason to blame you.
Work with an Oregon Truck Accident Attorney
How Commercial Truck Accidents Happen
Behind almost every serious crash is one or more of the following factors:
- Fatigue. Federal trucking rules limit truck drivers to 11 hours of driving after 10 consecutive hours off duty, within a 14-hour window. Pressure to deliver on time pushes drivers past those limits, and logs are sometimes falsified.
- Distraction. Federal rules prohibit commercial drivers from texting or using a hand-held phone while driving.
- Speed and following distance. A loaded semi needs far more room to stop than a car, especially on wet Oregon highways.
- Improper loading. Overweight or unsecured cargo causes rollovers and jackknifes.
Deferred maintenance. Brake problems are among the most common mechanical factors in serious truck crashes. - Negligent hiring and supervision. Carriers short on drivers sometimes put people behind the wheel with disqualifying histories.
Oregon Statutes That May Affect Your Truck Accident Case
Statute of limitations
Most personal injury claims in Oregon must be filed within two (2) years of the injury. Miss the deadline and the case is gone, no matter how strong it is.
Wrongful death
When a truck crash takes a life, the personal representative of the estate may bring a wrongful death claim. It generally must be filed within three (3) years after the injury causing the death is discovered or reasonably should have been discovered, and no later than three years after the death. Oregon’s damages rules for wrongful death are different from those for injury claims (Learn more on our wrongful death attorney page.)
Claims against a public body
If the truck belonged to a city, county, transit agency, or the state, the Oregon Tort Claims Act applies. Written notice is generally required within 180 days of the injury (or one year for wrongful death). The lawsuit itself must usually be filed within two years.
Comparative fault
Oregon employs modified comparative fault which means that you can recover damages as long as your fault was not greater than half. Your recovery is reduced by your percentage of fault; at 51 percent, you recover nothing. The defense will try to cross this threshold by claiming you were in a blind spot, braked suddenly, or changed lanes carelessly. If they successfully do so, they pay nothing, even if their driver was partially responsible.
Noneconomic damages
Oregon sets a $500,000 cap on noneconomic damages such as pain and suffering. But in Busch v. McInnis Waste Systems, Inc., 366 Or 628 (2020), the Oregon Supreme Court held that the cap violates the Oregon Constitution’s remedy clause when applied to an injured person’s own claim. For survivors of a truck crash, a jury’s full award for pain and suffering stands.
Punitive damages
Oregon allows punitive damages when there is clear and convincing evidence that a defendant acted with malice or showed a reckless and outrageous indifference to a highly unreasonable risk of harm. Under ORS 31.735, most of a punitive award goes to the state (60 percent to the Criminal Injuries Compensation Account and 10 percent to court facilities) with 30 percent to the injured person.
Commercial motor carrier rules
Oregon adopts the core Federal Motor Carrier Safety Regulations, covering such things as hours of service, driver qualification, drug and alcohol testing, and vehicle inspection and maintenance. It applies them to both interstate carriers and, with certain exceptions, carriers operating only within Oregon.
Distracted driving
Oregon prohibits driving while holding or using a mobile electronic device. Commercial drivers are subject to narrow exceptions only where federal regulations permit device use within the scope of their job. The federal rules themselves bar commercial drivers from texting or using a hand-held phone while driving.
Duties after a crash and DMV reporting
Drivers involved in a crash that injures someone must stop, give their information, and render reasonable aid. Oregon DMV also requires a driver to file a Traffic Collision and Insurance Report within 72 hours if anyone was injured or killed, or if property damage exceeds $2,500. A police report does not replace your DMV report.
Read More from Barton Trial Attorneys: How Federal Trucking Rules Prove Fault
What You Can Recover
A truck case valued from the medical bills alone is undervalued from the start. A properly built claim accounts for:
- Past and future medical care, rehabilitation, and attendant care
- Lost wages and lost earning capacity
- Pain and suffering, disfigurement, and loss of enjoyment of life
- Home and vehicle modifications and medical equipment
- Property damage
- Loss of consortium for a spouse
- In a fatal crash, the losses Oregon’s wrongful death statute recognizes for the family
- Punitive damages, where the conduct was reckless or outrageous
Federal law requires most interstate carriers hauling general freight to carry at least $750,000 in liability coverage, and many carry far more through layered excess policies. Those policies often surface only when a case is prepared seriously.
Frequently Asked Questions about Oregon Truck Accidents
How long do I have to file a truck accident claim in Oregon?
Generally, two (2) years from the date of the crash, and three (3) years if the accident resulted in a wrongful death. If a government vehicle was involved, written notice is usually required within 180 days. We strongly recommend contacting an Oregon truck accident attorney as soon as possible to discuss your options.
Who can be held responsible besides the truck driver?
Often, several parties. The trucking company, the trailer owner, the freight broker, the shipper, the loader, a maintenance contractor, and a parts manufacturer may all share responsibility. Identifying every one of them early is how a case reaches the insurance coverage it needs.
Should I talk to the trucking company’s insurance adjuster?
Not before you talk to a lawyer. Recorded statements are used to lock in words that can be turned against you. Early offers arrive before anyone knows the full cost of your care.
What if I was partly at fault?
You can still recover compensation, as long as you were not more at fault than the defendants combined. Your award is reduced by your share of fault. Being blamed by the truck driver at the scene doesn’t decide anything.
Is a truck accident case different from a car accident case?
Yes, in almost every way. Truck cases involve federal regulations, corporate defendants, electronic evidence, and much larger insurance policies. If your crash involved only passenger vehicles, see our car accident page.
My loved one suffered a brain injury in the crash. What should we know?
Brain injuries are frequently missed during early medical exams, but can change a family’s life permanently. Get a full neurological evaluation and keep records of every change in memory, mood, and behavior. Learn more on our traumatic brain injury page.
How much does it cost to hire an Oregon truck accident attorney?
Nothing upfront at Barton Trial Attorneys. We work on contingency, which means we recover no legal fee unless we recover for you. Our consultation is free. See our Client FAQ for more.
A Truck Accident Law Firm That Treats You Like Family
Accident victims of semi truck crashes face a team of investigators, adjusters, and defense lawyers that went to work within hours. We believe victims of serious truck accidents deserve a legal team that works just as hard for them. As a boutique Oregon law firm, we accept only a handful of cases at a time, and devote two trial attorneys and a full staff to each one.