Accident claims involving commercial trucks and trucking companies are generally more complicated to resolve than car accident claims. The steps you take after a collision with a tractor-trailer, delivery truck, or any commercial vehicle can make all the difference if you need to file a personal injury claim.
A Portland truck accident lawyer with Rizh Law can help you take appropriate steps and pursue compensation for your losses if you have been injured in a truck crash caused by a commercial driver in Portland, Oregon. You do not have to deal with a trucking company or a truck driver’s insurance company on your own.
Our personal injury lawyers are ready to fight for the compensation you need after being injured in a truck crash. Read below about what to do after a truck accident in Oregon. Contact Rizk Law for a free consultation with a truck accident lawyer in Portland.
Immediate Steps at the Truck Accident Scene
Immediately after a truck accident in Oregon, you should:
- Prioritize Safety. Check yourself and anyone else in your vehicle for injuries, then check other vehicles involved in the crash. Phone police to report the accident and request an ambulance if anyone is injured. After an accident, Oregon law requires you to stop at the accident scene or as close as possible without blocking traffic or endangering others. Unless you need emergency medical care, you should remain at the accident scene until police have arrived and obtained the information they need.
- Exchange Information. Exchange with the other drivers the following information:
- Name
- Address
- Driver’s license number
- License plate number
- Insurance information.
- Document the Scene. Get photos and/or video of the accident scene before the vehicles are moved, if possible. Show the position of your vehicle and the truck in relation to each other. Photograph damage to your vehicle and injuries you and others have suffered. Record witness names and contact information.
- Get Medical Care. If the first responders suggest that you go to the hospital in an ambulance, you should cooperate and seek emergency medical care. If you do not go to the hospital directly from the accident scene, see a doctor for an evaluation within 24 hours. Some injuries, such as traumatic brain injuries, may not show obvious symptoms immediately. A medical exam will ensure you get any treatment you need, and it will provide documentation of your injuries from the truck accident if you need to file an injury claim later.
Crucial Follow-Up Actions After a Truck Accident
Report the Accident to Your Insurance Company
Report the truck accident to your auto insurance provider as soon as possible. Most insurance policies require that policyholders report any accidents, regardless of who was at fault. Your insurance company may have a specific deadline for reporting accidents. You should review your policy or contact your insurance agent for guidance.
Report the Accident to the DMV
Within 72 hours of a motor vehicle crash that causes injury, death, or $2,500 worth of property damage in Oregon, you must submit an Oregon Crash and Insurance report to Oregon’s Driver and Motor Vehicles division (DMV). You are required to submit a report even if the police file a crash report. If you are unable to file the report within 72 hours of the accident, submit it as soon as possible. Submit the completed form by email to OregonDMVAccidents@odot.oregon.gov. Keep a copy for your records. DMV will not give you a copy of your report.
Consult an Attorney
An experienced Portland truck accident attorney with Rizk Law can review your accident and help you understand whether you have a truck accident claim. You may have a claim against the truck driver or against other parties, such as the driver’s employer or another motorist who was at fault. Proving exactly how the truck accident occurred may require an accident reconstruction. A personal injury lawyer with Rizk Law will investigate the accident and if necessary, hire the appropriate investigators to perform the forensic work needed to develop your injury claim. The initial legal consultation with Rizk Law is free.
Preserve Evidence
Create a file and keep copies of anything connected to the accident and your recovery from injuries, including bills, invoices, and receipts from medical treatment and other costs. Keep all correspondence with insurance companies. Keep pay stubs, which will help show lost income if you are out of work due to your injuries.
Tips for Truck Accident Victims in Portland
Under Oregon’s auto insurance laws, drivers must carry at least $15,000 worth of personal injury protection (PIP) insurance. After an accident, an injured individual must turn to their own PIP overage to pay for their medical expenses, regardless of who was at fault for the accident.
At the minimum coverage level required by the state of Oregon, your PIP will provide:
- Up to $15,000 for all medical expenses within two years of the date of the accident.
- Up to $3,000 per month or 70 percent of your lost wages, whichever amount is less, if your injury causes you to miss more than 14 consecutive days of work. This benefit is paid for up to 52 weeks.
- Essential services, including daily household tasks and caring for your family, up to $30 per day for up to 52 weeks. Coverage starts after two weeks of disability.
Once your PIP coverage runs out, you may file a truck accident lawsuit seeking compensation for additional losses from the parties who were at fault for the trucking accident that caused your injuries.
Truck accident compensation can provide compensation for:
- Medical treatment and rehabilitation
- Long-term care or support services required by your serious injuries
- Lost wages while on part-time or light-duty work restrictions
- Lost future earnings due to permanent disability
- Physical pain
- Emotional distress
- Lost quality of life caused by permanent disabilities or disfigurement
Oregon follows a modified comparative negligence rule when injury claims go to court. An injured individual may be eligible for compensation even though they are partially at fault for their injuries. However, any damages awarded will be reduced in proportion to the share of blame the plaintiff bears. For example, if a jury awards you $100,000 as an accident victim and then decides you were 30% at fault for the accident, your compensation would be reduced to $70,000.
Oregon law states that a person may recover compensation as long as their fault does not exceed the fault of others responsible for the plaintiff’s injuries. If you are found to be more than 50% to blame for the accident, you cannot recover compensation.
You need to be aware that Oregon’s statute of limitations for truck accident claims is generally two years from the date of injury. Investigating a semi-truck accident case and developing a personal injury lawsuit is time-consuming. Two years can pass quickly. Some insurance companies require you to go through arbitration before filing a lawsuit. It is best to contact a Portland truck accident attorney as soon as possible after being injured in a truck accident.
Why You Need a Truck Accident Lawyer in Portland?
Truck accident cases involving large commercial trucks are far more complex than car accidents. First, there are likely to be multiple parties with responsibility for a truck accident. To focus on one aspect of this, consider that employers, such as trucking companies, have vicarious liability for their employees’ actions. In most commercial truck accidents, we will seek compensation from a negligent trucker and the truck driver’s employer, which may be a large company.
A large company will likely be well-insured, which means more compensation available for your claim. The negative side is that a larger company is more likely to have more resources to fight injury claims. You will be at a disadvantage without an experienced Portland truck accident lawyer.
Truck accidents are also complex because they often hinge on federal regulations that cover the trucking industry. Federal Motor Carrier Safety Administration (FMCSA) regulations have the effect of law. Truck drivers, trucking companies, and others connected to a commercial truck’s operations can be held accountable when they violate these rules. But you have to know the rules and how they are interpreted and applied to determine that they have been broken.
At Rizk Law, our Portland truck accident attorneys know the regulations that apply to the trucking industry, and we know insurance companies. Founding attorney Richard Rizk is a former insurance company lawyer. He knows insurers’ tactics and how to motivate insurers to pay claims. He and his associate lawyers, Alex Pletch and Kyle Wagner, know what it’s like to be significantly injured in an accident caused by someone else because it has happened to them.
The Rizk Law Firm understands all sides of personal injury claims and wrongful death claims and is committed to seeking full and fair compensation for you. Since founding the firm in 2001, Richard Rizk has recovered more than $15 million for clients throughout Oregon. Our goal is to help you receive fair compensation.
Contact Rizk Law Firm Today for a Free Consultation
Contact Rizk Law today for a free, no-obligation legal consultation with a Portland truck accident lawyer. Let our Portland truck accident attorneys help you seek just compensation for your medical bills, lost earnings, pain, suffering, and more after serious injuries sustained in an accident caused by someone in a commercial truck.