Oregon Commercial Vehicle Accident Lawyers
After accidents involving commercial semi trucks, Barton Trial Attorneys is here to help. These personal injury claims often involve considerable pain and suffering, six-digit medical bills, and multiple liable parties. Our Oregon truck accident lawyers offer free consultations and clear-eyed advice on these life-altering cases.
Speak with an Oregon Truck Accident Lawyer
In Portland, Salem, Bend, and across the state or Oregon, commercial trucks are a part of life. Sadly, and far too often, our beautiful state also sees commercial vehicle accidents arising from driver negligence. Our personal injury lawyers bring more than five decades’ experience, and countless hours of preparation, to every case we take.
Within hours of a serious crash on I-84, I-5, or Highway 26, the trucking company involved will have a rapid response team on the scene. Insurance company investigators, adjusters, and defense counsel will photograph the roadway, download the electronic control module, and contact the injured person—sometimes while they are still hospitalized. The defense seeks to resolve your case quickly through confusing paperwork and lowball offers.
That is the imbalance we exist to correct. Your truck accident case is the one chance to make an industry answer for what it did, and it has to be built to carry that weight; our law firm takes this responsibility seriously. We protect your case from early settlement, research every possible opportunity for financial recovery, and fight tirelessly to get you every penny you are owed.
When you work with a Barton commercial vehicle accidents lawyer, you are not a file. You are family. Call us today for a free consultation.
Commercial Vehicle Accident Cases We Handle
Barton Trial Attorneys is proud to represent plaintiffs in crashes involving:
- Tractor-trailers, semi trucks, and doubles
- Dump trucks, garbage and waste-hauling trucks, and cement mixers
- Delivery vans and last-mile fleets
- Buses, motorcoaches, and shuttle vehicles
- Utility, logging, and agricultural trucks
- Tankers and hazardous materials carriers
- Box trucks and rental commercial vehicles
- Construction and heavy equipment operated on public roads.
If a vehicle was being operated for a business purpose, the case is a commercial case — with corporate policies, employment records, and layers of coverage to investigate — even when the truck was not a tractor-trailer.
We retain the life care planners, rehabilitation physicians, economists, biomechanical engineers, and vocational experts these cases require, and we front those costs ourselves. Our clients pay nothing out of pocket.
$1 Million Per Mile Over The Limit: Barton’s Landmark Commercial Truck Accident Case
The team at Barton Trial Attorneys is particularly proud of our verdict on Moutal v. Exel, a commercial truck accident case brought and tried by Brent Barton. In August 2016, a semi-truck driver for a national trucking company struck two Canadian cyclists riding legally on the shoulder of I-84 near Hood River, nearly severing our client’s leg.
Though the defense framed it as acceptable speeding—just four miles per hour over the limit—Brent Barton presented evidence of dangerous driving far beyond what this defensive framing: miles of weaving, ignoring “Bicycles on Roadway” sign, and post-crash conduct showing no remorse.
A federal jury awarded $4 million in punitive damages, and more than $5 million compensatory damages, in a case involving egregious conduct and live-altering injuries. Read more about this case here, or visit our Results page for more verdict stories.
Commercial Truck Cases Require Truck Accident Lawyers
Commercial truck cases differ from ordinary car accidents in several ways that change everything about how the case must be handled.
The injuries are often catastrophic. Nationally, roughly 5,000 people die each year in crashes involving large trucks; the overwhelming majority of them are in the passenger vehicle. Survivors are dealing with spinal cord injury, traumatic brain injury, amputation, and burns: serious injuries that may have a lifelong impact.
The defendant corporation is held to stricter standards. Commercial trucks operate under an extensive body of federal regulation through the Federal Motor Carriers Safety Administration. More regulations mean more potential avenues for your financial recovery.
Much of the evidence is electronic. Modern trucks are equipped with engine control modules, electronic logging devices, dash and lane-departure camera footage, and telematics. Many of these types of evidence can be overwritten lawfully; the most reliable protection is a preservation letter sent immediately. (This is one reason calling a truck accident attorney matters more here than in almost any other kind of case.)
There are more liable parties, and more insurance. The driver, the motor carrier, the broker, the shipper, the loading company, the maintenance contractor, the trailer owner, and a parts manufacturer may each bear a share. Interstate carriers hauling ordinary freight must carry at least $750,000 in liability coverage under federal law, and most carry substantially more; these are frequently layered excess policies that only surface once a case is prepared seriously.
The Barton Difference: We Argue Stories, Not Just Facts
We are not just good trial lawyers. We are master storytellers who tell the true, compelling stories of everyday people who have been injured. We use the complex language of law, but also plain English, to tell stories that juries understand: stories that get better results. Our cases change not only our clients’ circumstances, but also the behavior of others, and the future direction of the law.
How Commercial Vehicle Accidents Happen
One of the biggest differences between a car wreck and a commercial truck accident is the number of parties who may share the blame. A thorough investigation often reveals fault well beyond the person behind the wheel:
- Fatigue and hours-of-service violations. Federal rules limit driving to 11 hours after 10 consecutive hours off duty, within a 14-hour window. Falsified or manipulated logs remain common.
- Distraction. We have used forensic analysis of a driver’s phone data to prove exactly what a driver was doing at the moment of impact.
- Speed and following distance. A loaded semi needs roughly 40 percent more stopping distance than a car, and far more on wet Oregon pavement.
- Improper loading and unsecured cargo. Shifting or overweight loads cause rollovers and jackknifes, and the loader is often a separate defendant.
- Deferred maintenance. Brake defects are the single most cited mechanical factor in serious truck crashes.
- Negligent hiring, training, supervision, and retention. Carriers under pressure to fill seats hire truck drivers with disqualifying histories, then keep them after violations pile up.
- Impairment. Alcohol, drugs, and prescription medication, including failures in required testing programs.
- Blind spots and unsafe lane changes, particularly right-turn squeezes and merges on urban arterials.
Commercial Truck Accident? Be Aware of Oregon’s Filing Deadlines
Oregon law allows two (2) years for most personal injury claims, and three (3) years for wrongful death. Claims involving a public entity require written notice within 180 days under the Oregon Tort Claims Act, ORS 30.275.
Speak with a Commercial Vehicle Accident Lawyer
What to Do After a Truck Accident
Get medical care immediately and follow through on every referral.
Do not give a recorded statement to the carrier’s insurance company, and do not sign any release or medical authorization before a lawyer reviews it.
Do not let your vehicle be repaired, sold, or scrapped. It is evidence, and so is the truck.
Photograph everything you safely can — the scene, the vehicles, the trailer’s DOT number and placards, skid marks, and your injuries.
Get witness names and phone numbers, including the drivers who stopped.
Request the police report, and note the responding agency.
Keep every bill, record, and receipt, and a short daily journal of symptoms and limitations.
Call a truck accident lawyer within days, not months. Electronic data can be overwritten in weeks. A preservation letter and, when needed, a court order are how it gets saved.
For more information, please see our Client FAQ Page.
We encourage you to learn more about our Core Values and read our Testimonials. When you’re ready to contact us, we’ll be here.
Frequently Asked Questions
How long do I have to file a truck accident claim in Oregon?
Generally two years from the date of the crash under ORS 12.110, and three years for a wrongful death claim under ORS 30.020. If a government entity owned or operated the vehicle, written notice is required within 180 days. Waiting also costs you evidence, which is the more urgent deadline in practice.
Who can be held responsible besides the driver?
Often, several parties. The motor carrier, the company that owned the trailer, the freight broker, the shipper, the business that loaded the cargo, a maintenance contractor, and a parts or tire manufacturer are all potential liable parties. Identifying every one of them early is how a case reaches the coverage it needs.
What is my truck accident case worth?
This depends widely on the facts of your case. Value depends on the severity and permanence of the injury, the strength of the liability evidence, the available coverage, and how well the harm is proven. What we can tell you is how it will be valued: by projecting the full cost of a changed life, not by adding up the bills that have arrived so far.
What types of compensation can I recover in a commercial vehicle accident case?
Properly built, personal injury claims arising from a commercial vehicle crash account for:
- Past and future medical care, including surgery, rehabilitation, attendant care, medication, and the treatment of secondary complications;
- Lost income, diminished earning capacity, and the career trajectory that ended at the crash;
- Pain and suffering, disfigurement, and loss of enjoyment of life;
- Home and vehicle modification and durable medical equipment;
- Property damage to your vehicle and its contents;
- Loss of consortium for a spouse, and, in a fatal case, the losses Oregon’s wrongful death statute recognizes for the family; and
- Punitive damages, where the conduct was reckless or outrageous.
For more information about your case, please reach out to us.
Do I need a lawyer if the trucking company already admitted fault?
Yes. Admitting fault costs the carrier nothing if it can then fight about the extent of your injuries, argue a pre-existing condition, or attack your treatment as excessive. Liability is usually the easier half of a truck accident case. Damages is where the money is decided.
How are truck accident cases different from car accidents?
Federal regulation, corporate defendants, electronic evidence, and much larger insurance towers. Commercial trucks generate data an ordinary passenger car does not, and the rules that govern truck drivers create standards of care that do not exist in a routine collision. The investigation looks completely different.
Can I recover if I was partly at fault?
Yes, as long as you were not more than 50 percent at fault. Under ORS 31.600 your recovery is reduced by your percentage of fault. Expect the defense to argue you were in a blind spot, braked suddenly, or were not visible. Those arguments are answered with reconstruction, not with denials.
What if the driver was an independent contractor?
You may still have a case against the trucking company. Federal leasing regulations, the carrier’s control over routing and scheduling, its logo on the door, and its own safety policies frequently establish agency and thus legal responsibility regardless of how the paperwork reads.
What if a family member was killed?
Oregon’s wrongful death statute allows the estate to seek compensation for medical and funeral expenses, the decedent’s lost income and support, and the loss of the society and companionship the family suffered. The Busch holding on noneconomic damages does not extend to wrongful death claims, which is one of several reasons these cases require careful handling from the first week.
What does it cost to hire your firm?
Nothing upfront. We work on a contingency fee, which means you pay no retainer, and no legal fees unless we recover for you. We also advance the substantial expert and litigation costs these cases require. Your initial consultation is also free.
Will my case go to trial?
Most resolve without one, but only cases genuinely prepared for trial resolve well. We prepare every case as though a jury will hear it, and we tell you honestly when an offer is fair and when it is not. The decision is always yours.
Injured in a Truck Crash? Call Barton Trial Attorneys.
If you or someone you love was injured in a truck or commercial vehicle crash, you should not have to negotiate your future with an adjuster who does this every day and holds every piece of the evidence. The carrier’s team started work within hours. Yours should too.
Call (541) 265-5377 for a free consultation with the Barton Trial Attorneys injury lawyers. We will tell you honestly whether you have a case, what it will take to prove it, and what you can realistically recover compensation for. We take no fee unless we win.
Barton Trial Attorneys: Where you’re not a file. You’re family.