Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Located along the main route between Canada and California, Portland, Oregon has millions of trucks driving through it every year. While this is great for the local economy, it also results in hundreds of truck accidents annually, over half of which result in injury or death.
When you have been seriously injured or a family member has been killed in a truck accident, you need the right lawyer to represent you. This guide helps you find the best truck accident lawyers in Portland for your case.
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Show Summary
- Best Truck Accident Attorneys in Portland
- Compare Top Truck Accident Attorneys
- Filing a Truck Accident Lawsuit in Oregon
- Oregon Statute of Limitations
- Oregon Laws for Truck Drivers
- How Can an Attorney Help You?
- How to Find the Best Truck Accident Lawyer in Portland, OR
- Methodology
- Frequently Asked Questions (FAQs)
Best Truck Accident Attorneys in Portland
Compare Top Truck Accident Attorneys
Filing a Truck Accident Lawsuit in Oregon
There are several paths toward compensation after being injured in a truck accident in Oregon. But since many victims of truck accidents suffer more serious injuries than those injured in car accidents, filing a lawsuit may be the most effective way to get the compensation needed to fully recover.
This guide helps you understand the basics of Oregon truck accident laws and choose the right lawyer to handle the complex legal issues that come up during truck accident lawsuits.
Oregon Statute of Limitations
Oregon has one of the strictest statutes of limitations in the U.S. Typically, litigants have just two years from the time they are injured to file a truck accident lawsuit. And while Oregon does offer some exceptions that extend the time to file, these exceptions are much more stringent than those found in most other states.
The first exception is the one most likely to apply in a truck accident. If the injured party has a mental condition that prevents them from understanding their rights, the time during which that condition persists does not count toward the two years. This exception may apply to victims who suffer traumatic brain injuries or fall into comas. It also applies to anyone under the age of 18.
However, this exception does not last indefinitely. It cannot extend the filing period beyond one year after the disability ends or five years after the incident, whichever comes first. This means that the statute of limitations is effectively five years for children under 13 and, in most cases, one year after a person awakens from a coma.
There is another exception that applies if the responsible party conceals themselves within the state or flees the state. While truck drivers often travel through multiple states for work, they are unlikely to flee the state. But if this exception does apply, any time the responsible party is out of state doesn’t count toward the two-year time period.
Oregon Laws for Truck Drivers
Commercial truck drivers are more strictly regulated than those who drive personal vehicles because these trucks are more dangerous. The following laws may affect your lawsuit:
- Record maintenance. Truck drivers are required to maintain comprehensive records of truck usage and maintenance. These records may help your attorney prove the driver or the trucking company was negligent.
- Limited hours of service. By law, truck drivers may only drive a certain number of hours per day and per week. If a driver exceeds those limits, they are acting negligently.
- Specialized licenses. Truck drivers get additional training before being licensed to drive a commercial truck, and different trucks require different licenses. If the driver was driving a vehicle that they weren’t licensed for, your lawyer could make a case for negligence.
Identifying Fault for a Truck Crash
In Oregon, an accident victim can only receive compensation from another party if the victim is no more than 50% responsible for the accident.
Furthermore, Oregon follows modified comparative negligence laws. These laws limit the compensation a litigant can receive from a lawsuit; any award is reduced by a percentage equal to how responsible the litigant is for the accident.
If a case goes to trial, the degree of fault for all parties is typically determined by a jury after all of the evidence is presented. However, most cases don’t go to trial. During negotiations, insurance adjusters and lawyers look at the same evidence to determine what a jury would likely decide. They then negotiate based on that assessment.
How Can an Attorney Help You?
The assistance you receive from a truck accident attorney will greatly depend on the circumstances of your accident. However, in most truck accidents, your attorney will help you document your medical expenses, investigate the accident to collect evidence, determine fault and work toward getting you appropriate compensation.
How to Find the Best Truck Accident Lawyer in Portland, OR
There is no such thing as a typical truck accident lawsuit. A sideswipe that causes minor injuries may be easily resolved via negotiations. In contrast, an accident that involves a truck driver who falls asleep at the wheel, killing multiple people, might require years of effort to get a trial verdict.
When choosing the right attorney for your case, consider these aspects of their biography:
- Past results. For some clients, a lawyer who regularly negotiates for quick five-digit settlements is best. But if you need millions of dollars to fully recover from your injuries, you should look for a lawyer who has previously won similar jury verdicts.
- International experience. Thousands of truck drivers in Portland originate in Canada, which means your case may involve some international law. Even just choosing a lawyer who speaks fluent French could have a positive impact on some cases involving Canadian truckers or trucking companies.
- Accident reconstruction skills. Determining fault can be extremely tricky when one of the vehicles has been all but flattened by the other. In highly destructive accidents, you want an attorney who has experience investigating accidents that are difficult to reconstruct.
- Accessibility and communication. Many surviving victims of truck accidents end up spending time in the hospital. If you are confined to a hospital bed or your home, you should choose an attorney who is willing to travel to speak to you in person and will provide regular updates about your case.
- Arbitration experience. The majority of cases end in settlements. This means that a more experienced arbiter will usually net a higher award.
Methodology
To determine this list of the Best Truck Accident Lawyers in Portland of 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we consider factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisory collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Remember that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially tricky legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
When should I contact a truck accident attorney in Oregon?
The sooner you contact a Portland truck accident lawyer, the better prepared they will be to argue your case. The truck driver will likely have a lawyer and a corporate insurance company working on the case as soon as they report it to their supervisor. Both parties want to find evidence that minimizes your claim.
The most effective way to counter that activity is to consult with an attorney as quickly as possible.
Can I file a lawsuit in Oregon if the trucking company is based in another state?
As long as the accident occurred in Oregon, your lawsuit will be litigated in an Oregon court. This applies even if the trucking company or the driver is based in another state. Unfortunately, that doesn’t give you much of an advantage in a lawsuit because the trucking company will likely be represented by a law firm based in Oregon.
This scenario could even slow down your case because the truck driver or corporate executives may have limited availability. Typically, judges will give a little leeway to people who need to make a living. But most judges won’t let anyone unduly delay the case.
How do truck accident claims differ from car accident cases?
Truck accident claims differ from car accident claims in two major ways. First, truck accidents usually cause more serious injuries, which means the compensation is generally higher in a truck accident case.
Second, most truck accident cases involve a trucking company. This can complicate a case because your attorney has to determine whether to seek damages from the trucker or the company—or both. Additionally, the trucking company has more access to lawyers, which means the case will probably take longer to resolve.
