Truck accidents in Gresham, Oregon, can result in serious consequences. These crashes often involve complex liability questions, multiple parties, and significant financial and emotional tolls on those involved. For those injured in such incidents, having a legal advocate who understands the nuances of truck accident litigation in Oregon is crucial. Our Gresham truck accident lawyer at Craig Swapp & Associates can help protect your rights and guide you through the process of pursuing fair compensation.

Truck wrecks differ from standard car accidents in scale and impact. Understanding how they happen, how fault is determined, and what your options are after such a crash can make a significant difference in how your case proceeds and how much you may recover.

Gresham Truck Accident Statistics 

Nationally, truck wrecks pose a significant threat on U.S. roads. In 2022, 5,837 large trucks were involved in fatal crashes, while 58,992 trucks were involved in injury crashes, and 117,641 were involved in tow-away crashes, according to the Federal Motor Carrier Safety Administration (FMCSA).

Zooming in locally, the City of Gresham recorded 593 injury crashes in 2023, involving both trucks and other vehicles. While that number might seem small in comparison to larger urban areas, the personal impact of these incidents can be devastating. 

Many involve spinal injuries, traumatic brain damage, permanent disability, or even death. That’s why understanding the nature of truck accidents in Gresham and how legal accountability works is essential for those affected by them.

What Causes Truck Wrecks in Gresham?

Truck wrecks in Gresham occur for many of the same reasons as car accidents, but the consequences are magnified due to the size and weight of commercial vehicles. 

Common causes include:

  • Driver Fatigue: Federal regulations limit how long commercial drivers can operate without rest. Despite this, fatigue is a top cause of truck-related crashes.
  • Improper Cargo Loading: Overloaded or unevenly balanced trailers can cause rollovers or jackknife accidents.
  • Mechanical Failures: Brake failure, tire blowouts, and faulty steering systems can all contribute to loss of control.
  • Speeding and Aggressive Driving: Large trucks require longer stopping distances. Speeding can make it difficult to avoid sudden hazards.
  • Impaired Driving: Although less frequent in commercial trucking, impairment due to alcohol, drugs, or prescription medications still contributes to a portion of truck wrecks.
  • Distracted Driving: Cell phone use, GPS adjustments, or onboard dispatch systems can distract truckers just as they can any driver.

In many cases, liability doesn’t stop at the driver. Companies that neglect maintenance, overload vehicles, or push drivers to meet unreasonable schedules may also be held responsible.

Liability in Truck Accidents 

Determining who is legally responsible for a truck accident in Oregon involves identifying the chain of negligence. 

In truck accidents, liability can extend beyond just the driver to include:

  • Trucking companies may be liable for negligent hiring, inadequate driver training, and violations of safety regulations.
  • Cargo loaders may be held accountable if the cargo shifted or fell in an accident.
  • Truck manufacturers could be responsible if there were defective parts, such as braking systems or steering components.
  • The outsourced vehicle maintenance or contractor may share liability if they failed to perform inspections properly.
  • Government entities may also be at fault if the accident happened due to poorly maintained roads or missing signage, although these claims follow special procedural rules.

When it comes to determining liability in truck accidents, Oregon’s modified comparative negligence rule plays a big role. If an injured person is found to be partially at fault, their compensation is reduced in proportion to their degree of fault. However, if they are more than 50% at fault, they may be barred from recovering any damages.

How Truck Accident Claims Work in Gresham

Filing a truck accident claim in Gresham involves more than submitting an insurance form. 

If you’re injured after a wreck, here’s what you need to know about truck accident claims:

1. Insurance Reporting and Claims

Commercial truck carriers are required by federal law to carry significant liability coverage, often upwards of $750,000 to several million dollars, depending on cargo. If the at-fault party is underinsured or disputes liability, your own insurance’s uninsured/underinsured motorist coverage can play a role.

2. Investigation

Legal teams may bring in accident reconstructionists, obtain black box data, review driver logs, and subpoena employment records. Unlike standard crashes, truck wrecks require thorough forensic work to prove fault.

3. Negotiation or Litigation

Once liability is established and damages are documented, attorneys may attempt a settlement with the insurance company. If a fair offer isn’t reached, the case can proceed to court. 

4. Compensable Damages in Truck Accident Claims

Victims may pursue compensation, like:

  • Medical costs 
  • Lost income 
  • Reduced earning capacity
  • Pain and suffering
  • Permanent disability or disfigurement
  • Property damage

In rare cases, punitive damages may be awarded if the defendant’s actions were especially egregious, such as falsifying driving logs or knowingly putting unsafe vehicles on the road.

Take Legal Action with a Truck Accident Lawyer in Gresham

Truck accidents are rarely straightforward. They involve powerful insurance companies, federal transportation regulations, and multiple liable parties. Trying to manage a claim alone often results in undervalued settlements or missed legal opportunities.

One of the most important things to remember after a truck wreck in Oregon is the deadline to file a personal injury lawsuit. Under ORS § 12.110, injured individuals generally have 2 years from the date of the crash to file a lawsuit for personal injury, including truck accidents. Missing this deadline can bar you from recovering compensation entirely, no matter how strong your case may be.

If you’ve been injured in a commercial vehicle crash, knowledgeable truck accident lawyers in Oregon can help determine fault, collect vital evidence, and negotiate on your behalf. Whether the crash involved a big rig, delivery truck, or commercial fleet vehicle, legal representation ensures your claim is taken seriously and not lost in paperwork or delay tactics.

Craig Swapp & Associates helps victims of truck accidents throughout Gresham and the Portland Metro Area. With experience handling complex injury claims, like truck wrecks, our firm provides valuable support when it matters most.

Call us at 971-266-6872 or send us a message about your case by answering our online form here to schedule your free consultation. 

 

Written By: Ryan Swapp     Legal Review By: Craig Swapp