Portland Truck Accident Lawsuit: How to Sue a Trucking Company in Oregon

TL;DR - Key Takeaways

• An Oregon injury lawsuit must be filed within two years of the injury (ORS 12.110). A wrongful death action has three years from when the fatal injury was or reasonably should have been discovered, but no later than three years after the death (ORS 30.020).
• If a city, county or other public body, or one of its employees acting within the scope of employment, caused the crash, written notice is due within 180 days of the injury, or one year for a death, and the lawsuit must be filed within two years, even in a death case (ORS 30.275).
• Multnomah County Circuit Court is a proper venue for a lawsuit over a crash in Multnomah County (ORS 14.080).
• With more than $75,000 in controversy, the defendants can remove the case to federal court in Portland when none of them is a citizen of Oregon or of your home state (28 U.S.C. 1332 and 1441).
• An Oregon state court judge can't order either side to reveal its retained experts before trial (Stevens v. Czerniak).
• Your damages are reduced by your share of fault, and you recover as long as that share is 50 percent or less (ORS 31.600).
• In Oregon state court, a civil verdict needs at least 9 of the 12 jurors, while a federal verdict must be unanimous unless the parties agree otherwise (Oregon Constitution, Article VII (Amended), section 5(7); Federal Rule of Civil Procedure 48(b)).

Federal rules require a trucking company to keep its drivers' hours-of-service records for only six months under 49 CFR 395.8(k)(1). A Portland truck accident lawsuit gives you the legal right to request those records through discovery, along with the carrier's maintenance and driver files, and to have a jury decide fault and damages at trial.

"If a carrier refuses to produce its logs or maintenance records after a case is filed, we ask the judge for an order under ORCP 46 A compelling production," says Emily N. Benight, a Partner at Metier Law Firm who has been licensed in Oregon since 2019 and serves on the Trial Lawyers College faculty.

Insurance and fault in a trucking lawsuit

Under 49 CFR 387.9, a for-hire carrier hauling non-hazardous property in interstate commerce, in a truck with a gross vehicle weight rating of 10,001 pounds or more, must carry at least $750,000 in liability coverage. In a trucking accident lawsuit, the motor carrier, the company that loaded the trailer and the shop that maintained the truck can each share fault with the driver.

Before anything is filed

As soon as we're retained, we send the carrier a spoliation letter demanding that it preserve its logs, the engine control module data and any camera footage. Engine data and looping dash camera footage can be overwritten as the truck stays in service, so both are at risk in the first 48 hours after a Portland truck crash. If the insurer's offer falls short of your provable damages, or a filing deadline approaches, we file suit.

Filing a Portland truck accident lawsuit

Filing deadlines

ORS 12.110 gives you two years from the injury to file an injury lawsuit. Filing meets the deadline only if the defendant is served within 60 days after filing; otherwise, the service date must meet it (ORS 12.020). In a death case, the estate's personal representative must file under ORS 30.020 within three years after the fatal injury was or reasonably should have been discovered, and no later than three years after the death. If a public body such as the City of Portland, or its employee acting within the scope of employment, caused the crash, ORS 30.275 requires written notice within 180 days of the injury, or one year for a death, and suit within two years in either case.

Where the case is filed

Under ORS 14.080, you can file in the county where the crash occurred or where any defendant resides. A corporation registered in Oregon resides in any county where it does regular, sustained business, has an office or has a process agent. For a crash on I-5 or I-405 in downtown Portland, venue includes Multnomah County Circuit Court's Central Courthouse at 1200 SW First Avenue.

The defendants can remove the case to federal court if no defendant is a citizen of Oregon or of your home state and more than $75,000 is in controversy (28 U.S.C. 1332 and 1441). In Portland, that's the U.S. District Court at the Mark O. Hatfield U.S. Courthouse. For removal, a corporation is a citizen of its state of incorporation and its headquarters state.

Discovery: the carrier records we request

Our requests for production under ORCP 43 cover the hours-of-service records, driver qualification file, maintenance and inspection records, dispatch and GPS data, and the engine control module download. We compare the logs with the federal driving limits to identify any fatigue and hours-of-service violations.

Besides the driver, we depose the carrier's dispatcher and safety director. The defense can take your deposition as well, and we prepare you for the format and questions described in what happens at a deposition.

Truck accident expert witnesses under Oregon rules

The experts we retain

When fault is contested, an accident reconstructionist calculates speeds and the crash sequence, and a trucking safety expert measures the driver's and carrier's conduct against federal safety regulations. Damages testimony comes from your treating physicians, a life care planner who itemizes future care, a vocational expert who evaluates your ability to work, and an economist who calculates lost earnings.

State and federal expert witness disclosure

The Oregon Supreme Court held in Stevens v. Czerniak, 336 Or 392 (2004), that an Oregon state court can't order pretrial disclosure of an expert witness's name or the substance of the expert's testimony.

In state court, we prepare cross-examination without seeing defense experts' opinions first. The exception is the report of any court-ordered medical examination, which ORCP 44 B requires the defense to provide on request. Federal Rule of Civil Procedure 26(a)(2) requires each retained expert's written report at least 90 days before trial unless a stipulation or court order sets another date.

If you or a loved one was injured in a crash with a commercial truck, call us at 866-377-3800 or schedule a free consultation at www.metierlaw.com.

Settlement negotiations, mediation and court arbitration

We measure each settlement offer against the economic and non-economic damages the evidence supports. Before your doctors find you've reached maximum medical improvement, we advise against settling, because a life care planner's projection of future care depends on the prognosis at that point. In mediation, nothing binds you until you agree to settlement terms.

Mandatory court arbitration under ORS 36.405 applies only when no party claims more than $50,000, not counting attorney fees, costs and interest.

What an Oregon jury decides

At a party's request, the jury states your full damages, assuming you weren't at fault, and assigns a percentage of fault to you, the defendants, any third-party defendants and anyone who settled with you (ORS 31.605 and ORS 31.600). You recover as long as your fault is 50 percent or less of that total, and your damages are reduced by your percentage. If the jury finds $500,000 in damages and assigns you 20 percent of the fault, your recoverable damages are $400,000.

In Oregon state court, 9 of the 12 jurors can return a civil verdict (Oregon Constitution, Article VII (Amended), section 5(7), and ORCP 56). A federal civil verdict must be unanimous unless the parties stipulate otherwise (FRCP 48(b)).

Frequently asked questions

Will my truck accident case go to trial?

A case goes to trial when the parties don't settle and the court doesn't resolve the case on a pretrial motion. Settlement can happen at any stage, and you decide whether to accept an offer.

Do I need a truck accident expert witness?

If the carrier disputes how the crash happened or the extent of your injuries, yes. Reconstruction and trucking safety experts address fault, while treating physicians, a life care planner and an economist prove your injuries and their cost.

How long do I have to file a truck accident lawsuit in Oregon?

Two years from the injury (ORS 12.110). For wrongful death, three years from discovery of the fatal injury, but no later than three years after the death (ORS 30.020). Public-body claims require notice within 180 days of the injury, or one year for a death, and suit within two years (ORS 30.275).

Can I sue a trucking company based in another state?

Yes. An Oregon court can hear a claim against a carrier whose conduct in Oregon caused the injury (ORCP 4 C), and federal law requires interstate carriers to designate an agent for service of process in each state where they operate (49 U.S.C. 13304).

Talk with our Portland trial lawyers

Your Portland truck accident lawsuit must meet the ORS 12.110, 30.020 or 30.275 deadlines that apply, including any notice requirement. We send our spoliation letter when you hire us. Our Portland truck accident lawyers are based at 1050 SW Sixth Avenue in downtown Portland, and our Oregon truck accident lawyers represent clients injured anywhere in the state.

Call Metier Law Firm at 866-377-3800 or schedule your free consultation today at www.metierlaw.com.

Disclaimer: Past results discussed should not be considered a guarantee of your results as the factors of every case are individually unique. This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney from Metier Law Firm regarding your individual situation for legal advice.