A semi-truck weighs up to 80,000 pounds. A passenger car weighs about 4,000. Truck accident cases are not simply bigger versions of car accident cases; they’re more complex in almost every way. Hiring an experienced lawyer matters more here than arguably anywhere else in personal injury law. Here’s how to hire the best truck accident attorney in Oregon to represent you.
A sideswipe on I-101, a jackknife accident on Beaverton-Hillsdale Highway: large truck accidents in Oregon are a tragic reality. Most of the people who call us after a truck crash have never experienced anything like it before; they’re facing not just the pain and suffering from a traumatic event. They see medical bills arriving faster than they can open them, an adjuster who sounds perhaps a bit too friendly on the phone, and a growing suspicion that the insurance companies involved are not going to make the process easy.
That suspicion is correct; given the injuries involved and the money at stake, national insurance carriers dispatch rapid-response investigators to the accident scene within hours, sometimes even before the road reopens. Moving quickly to settle your truck accident claim means you’ll be broadsided again: this time with an offer that dramatically undervalues your injuries—and closes your case forever.
If you take nothing else from this blog, make it this: we strongly recommend speaking with several truck accident attorneys in Oregon before settling on the best one for you, and doing so as soon as possible. Oregon has a strict two-year statute of limitations on most truck accident cases, which is shortened to just 180 days if the accident involved a government vehicle. Act soon to protect your case.
Here’s what to look for in an attorney for a commercial truck accident, and what red-flags to avoid when making this critical decision.
Speak with a Truck Accident Attorney in Oregon
Hire a Trial Lawyer, Not a Settlement Mill
The single most important question you can ask when interviewing truck accident attorneys is this:
When did you last try a truck accident case like mine to verdict?
Plenty of firms advertise that they handle truck accident claims, and then quietly resolve every file at whatever number the carrier offers: a business model that seeks quality over quality when it comes to cases. Defense lawyers know which firms those are, and they offer proportionate minimum settlement offers because they know they’ll never have to defend themselves in court. If your lawyer has never taken a truck accident case to court, your case gets valued accordingly, regardless of how badly you were hurt.
Experienced attorneys who actually try cases change the math before a single deposition is taken. Barton Trial Attorneys brings an illustrious trial record to every case we take, including a $3,150,000 verdict on a case involving a negligent truck driver who caused a fatal accident at a rural intersection. Trial is in our name, and we take this aspect seriously.
Ask Them How Truck Accidents are Different from Car Accidents
Truck accidents involve more serious injuries, more potential defendants, and larger insurance policies that are guarded aggressively. They also involve gathering evidence from the truck itself, as well as the trucking company, which requires knowing what to ask for. The truck accident attorney you hire needs to know what they’re doing or they might miss a critical evidentiary component that could compromise their case.
Ask directly: what evidence will you gather in the first ten days? Their answer should be, if nothing else: “Send a preservation letter in the first week to protect your case.” This will preserve all of the following:
- Electronic control module (“black box”) data
- Hours-of-service logs and ELD records
- Driver qualification files, training records, and prior violations
- Dispatch communications and load pressure
- Company safety policies
- Phone records and app data that can establish distracted driving
Much of this evidence has a short shelf life, and some of it a carrier is permitted to destroy on a routine retention schedule once a set period passes.
Check Their Understanding of Common Defense Tactics
Your truck accident claim will be challenged by the defense; this much we know. But the degree to which trucking insurance companies will minimize your case is an aspect most people—and most inexperienced attorneys—never see coming. To explain this factor, we’ll use a case study from our own trial records: Moutal v. Exel, Inc., No. 3:17-cv-01444-HZ (D. Or. Mar. 29, 2021).
The Moutal case: “He was only going four miles an hour over…”
In August 2016, Eric Moutal and Andrea Newman were riding bicycles legally on the shoulder of Interstate 84 near Hood River, in the Columbia River Gorge. An employee of Exel, Inc., a national trucking company, ran into them from behind with a semi-truck. Moutal’s leg was nearly severed and he was left with permanent functional deficits.
The defense theory was a single number: four. The driver had set his cruise control four miles per hour over the posted limit; speeding alone, the defense argued, citing Oregon cases going back to 1959, “amounts to nothing more than ordinary negligence.”
They were right about the law, but wrong about the case. Our trial team put the whole event in front of the jury, not just the speedometer:
- The driver testified he didn’t know the posted speed limit, despite driving that stretch constantly.
- He had been weaving in and out of the shoulder for miles; a motorist behind him testified he believed the trucker was falling asleep at the wheel.
- The highway is dotted with “Bicycles on Roadway” signs, in place for at least a year. Despite having driven the road multiple times, the driver testified that he never saw them.
- The motorist behind the truck could see the cyclists clearly; the truck driver claimed did not.
- He had room to move into the fast lane, and failed to do so.
The driver saw Moutal’s body flying through the air in his mirror, pulled over, and inspected his truck for damage. He didn’t go back to help or even call 911; he called his supervisor. He didn’t get his first-aid kit or set out his reflective triangles. A passing nurse rendered aid. Bystanders redirected traffic.
What the driver did do was tell witnesses the cyclists were at fault, say he was worried about losing his job, and then follow those witnesses around the scene trying to get them to agree with his version. An Oregon State Trooper had to order him to leave them alone.
Given the egregious negligence of the defendant’s actions, both before and after the collision, a federal jury awarded over $5 million in compensatory damages to the plaintiff, as well as $4 million in punitive damages: a million dollars for every mile per hour over the limit.
The takeaway for anyone hiring an Oregon truck accident lawyer: be aware that trucking companies defend these cases by shrinking them. They will isolate the single most defensible fact and ask a jury to judge the case by that fact alone. The best truck accident attorneys in Oregon know how to beat that strategy: by telling the whole story, framing their argument well, and not being afraid to let a jury decide.
Ask How Many Cases They Handle at Once
This is a simple equation: more cases per lawyer means fewer hours devoted to yours. Trucking accident victims with catastrophic injuries need lawyers with ample time to investigate evidence, respond thoughtfully to the defense, and put forward the best possible case in your name. A law firm carrying hundreds of open files cannot give a serious case the attention it needs to recover compensation at full value.
Ask how many active cases the firm has, how many lawyers will work on yours, and who will actually answer the phone when you call. At Barton Trial Attorneys, individualization is one of our Core Values. We are highly selective with the cases we take, so we can give our full attention to each client. We believe the strongest client relationship yields the best possible outcome.
Make Sure They Understand Your Case’s Value
A serious accident involving a commercial truck can generate damages far beyond the emergency room bill. This includes, and may not be limited to: past and future medical care; lost wages; lost earning capacity; life-care costs; pain and suffering; and loss of consortium (loss of intimacy in personal relationships).
In Oregon, noneconomic damages in personal injury cases are not capped; the Oregon Supreme Court recently struck down a $500,000 cap as a violation of the state constitution’s remedy clause (see Busch v. McInnis Waste Systems [2020]). An Oregon truck accident lawyer who can explain the full range of your legal options, including when punitive damages may be available, is doing their job. One who quotes you a settlement number on the first phone call is not.
Move Quickly To Protect Your Claim
Oregon’s statute of limitations for most personal injury claims is two (2) years from the date of injury; wrongful death claims generally run three (3) years. Claims against public bodies require formal tort claim notice far sooner: just 180 days from the date of the accident. Deadlines vary with the facts, and missing one ends the case no matter how strong it is; if a truck was involved, get the timeline confirmed by a lawyer early.
Work with Barton Trial Attorneys
Frequently Asked Questions about Oregon Truck Accidents
How is a truck case different from an ordinary car accident case?
Truck accidents are different from car accidents in three major ways: the injuries are usually more severe because of the mass involved with large trucks; there are often multiple defendants (driver, motor carrier, broker, shipper, maintenance contractor, and so on); and the evidence is federally regulated and largely electronic. Federal Motor Carrier Safety Regulations create duties an ordinary motorist doesn’t have, which means more ways to prove fault.
What should I do at the accident scene?
Get medical attention first. If you’re able, photograph everything: vehicle positions, the truck’s DOT number, road conditions, signage, visibility markers, etc. Get names and numbers of witnesses; independent witnesses can be extremely helpful in proving your case. Stay on site until the police officers tell you that you’re free to go. Never admit fault or give a recorded statement to the trucking company’s insurer before you’ve retained a lawyer.
The insurance company offered me a settlement. Should I take it?
Be careful here. Early offers usually arrive before anyone could know the full extent of your injuries; they may sell it as being helpful and proactive, when what they’re actually doing is protecting their bottom line. Once you sign a release, your claim is over, even if you need another surgery next year. Always have a lawyer review any offer before accepting.
Can I still recover compensation if I was partly at fault?
Oregon uses modified comparative fault, which means you can still pursue compensation as long as you were not more than 50% responsible. Your recovery is reduced by your share, which is why it is critical to hire an attorney who can fully assess the other parties’ liability. Being blamed by the trucking company at the scene doesn’t decide anything.
Do I have to pay my truck accident lawyer up front?
Reputable personal injury firms handle vehicle accidents on contingency; this means you pay no fee unless there’s a recovery. Ask what percentage, whether it changes if the case is filed or tried, and how case costs are handled. Studies repeatedly show that represented claims resolve for more money, even accounting for legal fees, than unrepresented claims.
Truck Accident in Oregon? Talk to Barton Trial Attorneys
Choosing an attorney after a truck crash comes down to a simple question: If this case has to be tried, is this the firm I want standing up in front of the jury? Barton Trial Attorneys stands by our over four decades of legal work. We handle complicated and catastrophic trucking cases nationwide, with results that speak for themselves. If you or someone you love has been injured in a truck accident in Oregon, we urge you to get in touch.