Having to share the road with large commercial trucks poses a variety of risks for the average driver in Oregon. These trucks are significantly larger than the standard vehicle, which makes them more dangerous if the driver isn’t appropriately trained or is driving recklessly.
If you were injured in a truck accident, you may be entitled to compensation if you file a truck injury lawsuit. At Henderson Taylor Law Firm, our reliable team of truck accident lawyers are experienced in truck accident cases and can help you present your case in the best light.
Keep reading to find out what you need to do after a truck accident, how liability is proven, and the type of damages you may be entitled to.
What to Do After a Truck Accident in Oregon
In many ways, getting into a truck accident in Oregon involves the same process as any other kind of car accident. There are certain steps you need to take directly after the accident to protect your rights and build your lawsuit.
- Call 911: Depending on the extent of the accident, you are legally required to report the accident to law enforcement. The 911 dispatcher can send police officers and an ambulance to the location.
- Get medical care: Whether you appear to be injured or not, you should always get checked out by medical professionals directly after a truck accident. Not only is this for your safety, but it also helps to provide documentation for a personal injury claim later on.
- Gather evidence: If you are physically able, you should try to gather as much evidence after the accident as possible. You can do this by taking photos of your injuries, the scene, and property damage. You should also look around to see if there are any surveillance cameras that may have recorded the accident.
- Find witnesses: If there are any bystanders, get their contact information so that they can provide witness statements later on.
- Hire a truck accident lawyer: As soon as you can, you need to hire an experienced lawyer to help you build your truck injury lawsuit. They will help you provide proof that the truck driver was at fault and handle negotiations with the insurance company.
Truck Injury Lawsuit Queries
There are many factors that can make truck injury lawsuits a bit more complex than the average personal injury claim. Because of this, there are certain facts you need to know about these lawsuits before you start this process. Wondering how truck accident lawsuits work? Here are some FAQs about truck accident lawsuits you need to know.
What Information Do I Need For a Truck Accident Lawsuit?
If you want to file a truck accident lawsuit, you will need to provide proof that the other driver was liable. Liability is what determines who was at fault and who was financially responsible for the accident.
Liability is a bit more complex for truck accidents since liability can fall on the truck driver or on the trucking company. Some information that can help prove liability includes:
- The black box
- Please records
- Trucking logs
- Drug tests
- Credentials and training
If liability is not entirely clear, Oregon law allows you to sue more than one entity for a single accident. Because of this, you could sue both the truck driver and the trucking company if you believe they were both liable.
Something else to understand is how federal regulations impact truck accident lawsuits. Federal regulations can help prove fault if the company or driver were not following regulations regarding things like, drug tests, driving times, and required training.
What Kinds of Damages Can I Get For a Truck Accident Injury Claim?
The good news for victims of truck accidents is that Oregon allows for a variety of damages if you are not liable. You could receive economic damages, non-economic damages, punitive damages, and double or triple damages.
How much a truck accident lawsuit settlement comes to is dependent on the extent of your injuries and what caused the accident.
Another question about truck lawsuits you may have is how much a truck accident lawsuit will cost. The good news is that you will usually only be responsible for paying your lawyer’s fee, which can come out of your settlement.
When Do I Need to File a Truck Accident Lawsuit?
There are statutes of limitations regarding personal injury claims, so you need to file your claim within two years of the accident. In many instances, it is better to file your claim as soon as possible instead of waiting.
Something to keep in mind is that the truck’s black box is going to be one of the most valuable pieces of evidence in your lawsuit. Truck companies may try to remove the black box information after the accident, which is why your lawyer needs to access it as soon as possible.
How Long Does a Truck Accident Personal Injury Case Take?
Most personal injury cases regarding truck accidents take a few months to gather information and negotiate. However, if the case goes to trial, it could take as long as several years before you see any compensation.
Why Can Truck Accident Lawsuits Be Challenging?
Truck accident injury lawsuits can be challenging since you are not working with an individual driver. Negotiation will often include the trucking company as well as the truck company’s insurance provider. Both of these entities will work hard to avoid liability, which is why you need to have an experienced truck accident lawyer on your side.
Your lawyer will help negotiate with the insurance company and create a demand letter to get you the compensation you deserve. If a fair amount cannot be decided on, the process will need to continue in court, where it will go before a judge or jury.
Hire an Expert Truck Accident Attorney at Henderson Taylor Law Firm
Getting into a truck accident is already difficult, but it will have an even more significant impact on your life if you are injured in the accident. Physical injuries not only have an impact on your quality of life, they can result in time away from work and costly medical bills, which is why you may want to file a claim.
At Henderson Taylor Law Firm, our accident attorneys are committed to defending the downtrodden and helping truck accident victims get to the compensation they deserve. For expert legal representation and support, contact us today at 360-737-1478 to speak with an attorney.
