Detailed Answer
If a truck crashed into you in Oregon and caused injuries, you can pursue a claim to recover medical bills, lost wages, pain and suffering, and other losses. This article walks through practical steps, legal timelines, likely defendants, and how Oregon law affects your options. This is educational information only and not legal advice.
1. First actions at the scene and immediately afterward
- Call 911. Get police and emergency medical responders on the scene.
- Seek medical care even if you think you are only mildly injured. Some injuries show up later.
- Collect information: driver’s name, license, vehicle registration, insurance company and policy number, truck company name, license plate, and DOT number if available.
- Take photos and video of the vehicles, the scene, skid marks, road signs, visible injuries, and nearby surveillance cameras.
- Get witness names, phone numbers, and short statements if possible.
- Do not admit fault or speculate. Keep statements to basic facts.
2. Medical documentation and follow-up
Ongoing medical records form the backbone of a personal injury claim. Follow your doctor’s advice. Save bills, receipts, medication lists, diagnoses, imaging, therapy notes, and work-release documents. Write a simple daily journal about pain, limitations, and treatment to support non-economic damages (pain and suffering).
3. Notify insurers and report the crash
Report the crash to your insurer promptly and to the truck driver’s insurer if you can identify it. Provide only factual information about the crash. Avoid recorded statements that ask you to explain fault. If the truck is commercial, the carrier’s insurer typically handles the claim. For crash reporting and police report access in Oregon, see the Oregon Department of Transportation crash reports page: https://www.oregon.gov/odot/Business/Pages/Crash-Reports.aspx.
4. Who can be liable in a truck crash?
Possible defendants include:
- The truck driver (for negligent driving, intoxication, or distracted driving).
- The truck owner (if different from the driver).
- The trucking company or employer (vicarious liability if the driver was on the job).
- Freight brokers, cargo loaders, maintenance shops, or parts manufacturers if their negligence contributed.
Commercial trucking raises additional sources of insurance and evidence (driver logs, electronic logging device data, maintenance records). Federal trucking rules may impose duties and record-keeping requirements on carriers.
5. Preserve critical evidence
Ask the trucking company and the driver’s insurer to preserve the truck’s event data recorder (black box), driver logs, dispatch records, maintenance files, and video. If you do not get cooperation, preserve evidence by making written preservation requests and by recording dates you requested evidence.
6. Time limits and legal deadlines
Under Oregon law, most personal injury actions must be started within two years. See Oregon’s statute of limitations for personal injury: ORS 12.110: https://www.oregonlegislature.gov/bills_laws/ors/ors012.html (see section 12.110). If the vehicle or party you will sue is a public body (city, county, state), special notice rules and shorter deadlines may apply under the Oregon Tort Claims Act. See ORS chapter 30 and the notice provisions: https://www.oregonlegislature.gov/bills_laws/ors/ors030.html. Act quickly—evidence degrades and early notice preserves your rights.
7. Comparative fault and how Oregon reduces recoveries
Oregon reduces a plaintiff’s recovery if the plaintiff was partly at fault. Oregon’s comparative fault rules allocate damages by percentage of fault. See ORS chapter 31 (look for sections regarding comparative fault): https://www.oregonlegislature.gov/bills_laws/ors/ors031.html. Your recoverable damages will be reduced by your percentage of fault.
8. Insurance claim vs. lawsuit
Most truck-accident claims start with the at-fault party’s insurer. If the carrier offers a settlement that is too low, you can reject it and pursue litigation. If you file a lawsuit, you must obey pleading and discovery rules and meet the statute of limitations. A lawyer can advise whether to accept an insurer’s offer or to file suit.
9. When to consult an attorney
Consider talking to an attorney promptly if:
- Your injuries are serious, permanent, or require long-term care.
- The trucking company denies responsibility or disputes the claim.
- The crash involves a commercial truck with multiple potentially liable parties.
- There is a wrongful death or catastrophic injury.
An attorney can investigate, preserve evidence (EDR data, logs), value your claim, negotiate with insurers, and, if needed, file suit and represent you in court.
10. Typical damages you can seek
You can usually seek:
- Economic damages: medical expenses, future medical care, lost wages, reduced earning capacity, property damage.
- Non-economic damages: pain, suffering, emotional distress, loss of enjoyment of life.
- In rare cases and with proof of malice or reckless indifference, punitive damages may be available under Oregon law.
11. Practical timeline and next steps
- Immediate: get medical care, call police, collect information and photos.
- Within days: report to insurers, request the police crash report, preserve evidence.
- Within weeks: collect medical records, keep a loss and symptom diary, contact a personal injury attorney if liability or damages are significant.
- Within months to two years: negotiate a settlement or file suit before the statute of limitations expires (normally two years under ORS 12.110).
Key Oregon statutory resources
- Oregon statute of limitations for personal injury (ORS 12.110): https://www.oregonlegislature.gov/bills_laws/ors/ors012.html
- Oregon Tort Claims Act and public body notice requirements (ORS chapter 30): https://www.oregonlegislature.gov/bills_laws/ors/ors030.html
- Oregon comparative fault and damage allocation (ORS chapter 31): https://www.oregonlegislature.gov/bills_laws/ors/ors031.html
- Oregon crash reports and how to obtain the police report: https://www.oregon.gov/odot/Business/Pages/Crash-Reports.aspx
Helpful Hints
- Prioritize safety and medical care. Missing treatment can hurt your health and your claim.
- Take many photos at the scene; photos taken right after a crash are often the most persuasive evidence.
- Save everything: bills, emails with insurers, receipts for out-of-pocket expenses, and notes about missed work.
- Do not post details or photos about the crash or injuries on social media.
- Be cautious with insurance adjusters: give facts but avoid detailed recorded statements until you understand the full extent of your injuries.
- If a trucking company employs the driver, ask for the driver’s logs, maintenance records, and ELD data; these records often prove fault or negligence.
- Ask for the police crash report number and obtain a copy as soon as it’s available.
- Contact an Oregon personal injury attorney early if the case is complex, injuries are serious, or liability is disputed.
Disclaimer: This content is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and outcomes vary by facts. For advice about your specific situation, consult a licensed Oregon attorney.