If you’re based in Oregon and looking for legal assistance in relation to an injury or ordeal from a truck accident, choose Herron Law.
With 26 years of personal injury experience, the experts at Herron Law will help you understand what to do after a truck accident and how we can help.
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With almost 30 years of experience across all Oregon courts, Herron Law is one of the most successful and widely respected personal injury lawyers in the state.
We also cover car accidents, motorcycle accidents and more.
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The moments following a truck accident can often be confusing and stressful, but it’s important to be aware that you should always remain at the scene.
Below is a list of the steps you’ll then need to follow in order of priority:
The size and weight of tractor-trailers commonly cause serious injuries to regular drivers and their passengers. Some of the most common types of trucking crashes on the roads are:
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Jack-knife Accident |
The truck folds itself so the tractor creates a 90-degree angle with the trailer. This is often caused by the truck driver slamming on the brakes too hard. |
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Truck Rollover Accident |
When the trucker loses control of the rig due to speeding or turning too quickly, it can roll onto passenger vehicles. |
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Tire Blowout Accident |
Blowouts are common with tractor-trailers because of their weight. Some trucking companies like to save money and therefore skip on regularly replacing worn-out tires. |
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Rear-End Crash |
Trucks weigh up to 80,000 pounds. If a truck slams into a small vehicle in front, the results are serious and sometimes catastrophic. Heavy objects cause large force impacts, even at low speeds. Imagine a cargo ship impacting a dock at only two miles per hour. Or a freight train hitting a building at low speed. The dock or building will get crushed. |
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Wide Turn Crash |
When a truck swings to the left to make a right turn, it is called a wide turn. If the driver does not see traffic around the rig, serious or deadly accidents can occur. |
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Under-Ride Accident |
When a truck stops or changes lanes quickly, a passenger vehicle coming from behind or on the side can get stuck under the trailer. These accidents are often fatal. |
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Lost Load Crash |
A truck that is improperly loaded can lead to freight falling out, creating hazardous conditions for other drivers. |
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Head-On Crash |
A head-on crash with a truck is almost always fatal. These crashes can occur if the truck goes the wrong way on a road or highway. |
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T-bone Crash |
These deadly crashes happen if a truck runs a stop sign or red light and hits another vehicle. |
Oregon experiences fair rainy spells, which can affect driving conditions. Some truck drivers might not have the experience to operate their vehicle safely in wet weather.
Fog can also cause serious accidents. It is the responsibility of a commercial trucking license holder to drive carefully in poor weather.
Aside from weather, there are other factors affecting drivers and roads that can cause accidents:
There are various types of compensation, also known as ’damages’. Each injury, person, and claim is unique.
It’s essential to work with an experienced truck accident attorney to evaluate your situation and fight for the maximum compensation possible for the injuries and losses you’ve suffered. Some common damages are discussed below:
Medical expenses are often the most significant part of a truck accident claim. This includes all costs related to your medical care, both immediate and long-term. Examples of covered costs include:
Ongoing treatment and future medical expenses
If your injuries prevent you from working, you can claim compensation for the income you’ve lost as a result. This can include lost wages for the time you were unable to work due to the accident.
Collecting your pay stubs, tax returns, and employer statements can help to substantiate your claim for lost wages.
These damages compensate you for the physical pain and emotional distress caused by the accident and your injuries.
There are many factors, like the severity of your injuries, the duration of your recovery, the impact on your quality of life, emotional distress like anxiety, depression, PTSD, and other psychological impacts that can result from a truck accident.
If your vehicle or other personal property was damaged in the accident, you can seek compensation for repair or replacement costs.
Examples of property damage that could be claimed include vehicle repair or replacement, or personal belongings that were damaged, such as electronics, seats, equipment, and luggage.
Your attorney can help you negotiate with the insurance company to ensure you receive fair compensation for property damage.
Loss of consortium refers to the negative impact the accident has on your relationship with your spouse or family members.
Typically, these damages are claimed by the spouse of the injured person, but in some cases, children or parents may also have a viable claim. This can include the loss of companionship, emotional support, affection, guidance, and sexual relations.
These damages are awarded in cases where the defendant’s conduct was especially reckless, malicious, or egregious.
Unlike compensatory damages, which aim to cover your losses, punitive damages are intended to punish the wrongdoer and deter the company or person (or other companies or persons) from engaging in similar behavior in the future.
Oregon allows punitive damages in cases of extreme negligence or willful misconduct. But they are not commonly awarded and require clear and convincing evidence of the defendant’s wrongful misconduct.
If a loved one was killed in a truck accident, certain family members may be able to file a wrongful death claim to seek compensation.
Types of compensation can include funeral and burial expenses, loss of financial support, loss of companionship and emotional support, medical expenses incurred before death, etc.
In Oregon, wrongful death claims can typically be brought by the deceased person’s spouse, children, parents, or the personal representative of the estate.
Herron Law plays a key role in providing clients with legal representation while supporting families or survivors who have died due to the negligence or misconduct of another party.
Our key responsibilities include:
Most truck crash attorneys and their law firms, including Herron Law, charge clients on a contingency fee basis for personal injury accident cases. This means we only get paid if we collect money for you in a settlement or lawsuit.
We are paid a percentage of what we collect on your behalf. On a contingency basis, it is possible for anyone to afford an injury lawyer. A contingency fee also provides all Americans, including those in the trucking and insurance industries, with equal access to justice and competent representation.
The contingency fee can range from 33% – 40% in most legal cases, depending on when and how the case is concluded. Even when a client pays a contingency fee at the end of a case, the skill of the trucking accident attorney almost always results in much higher compensation than if the injured party attempted to take on the case alone.
To complete a truck accident claim, the plaintiff will need to provide enough evidence for a judge to grant compensation. The strongest types of evidence include:
After a truck accident, you should take the following steps – provided you are medically able and not in immediate danger.
It’s important to look for an experienced truck accident attorney, like Herron Law, who has experience handling your type of truck accident injury claim. This is because insurance companies tend to prefer settling cases with lawyers, who can otherwise cause them long, drawn-out, and costly trials.
Meet with your lawyer to discuss your case before hiring them. If you like your attorney, there’s a high chance the jurors probably would too.
Having several choices of auto accident lawyers ready will increase your chances of securing legal representation and avoiding a scheduling conflict.
At Herron Law, we are dedicated to our clients.
We were voted one of the top 100 personal injury lawyers and top 25 attorneys in Oregon, 2016 – 2024, by the National Trial Lawyers Association.
Our other awards include:
In Oregon, truck liability requires companies and drivers to carry specific types of insurance coverage. This includes cover for bodily injury and property damage.
Any liability extends to employers for their drivers’ actions during employment. Strict compliance with federal and state regulations on safety, vehicle maintenance, and driver qualifications is also enforced.
For personal injury claims in Oregon, the statute of limitations for filing a truck accident lawsuit is usually two years from the date of the accident. For property damage claims, the limit can also be two years. Failing to file within this time might result in you losing your right to sue.
Hiring a local lawyer in Portland is often advantageous, as they already have a deeper understanding of Oregon laws, local court procedures, and can provide personal attention face-to-face. Portland lawyers also have a wider range of local contacts and resources to help you get the right assistance for your claim.
If a truck hits your car in Oregon, you have the right to seek compensation for any damages and injuries. This can include filing a claim against the offending driver’s insurance or the trucking company that employs them. Compensation for medical expenses, lost wages, and pain and suffering can also be pursued.
After a truck accident, it’s important to deal with any insurance adjusters with caution. Provide basic information but avoid detailing the accident or admitting any fault. Record all communications and keep any records of your injuries and damages. Consider consulting a lawyer before discussing any claims to further protect your rights.
For a minor truck accident, hiring a lawyer isn’t always needed – but it can be helpful. If any damages are significant or injuries are unclear, a lawyer can help negotiate with insurance companies and ensure you receive fair compensation.
See more of our resources below to find the right legal assistance for you.
