Common Misconceptions About Truck Accident Liability

Truck accidents are often more complex and devastating than typical car accidents. When a crash involving a large commercial vehicle occurs, determining who is liable and how to proceed can be confusing and overwhelming—especially for truck accident victims dealing with serious injuries or property damage. Unfortunately, several widespread myths and misconceptions about truck accident liability continue to mislead accident victims and delay justice.

At Johnston Personal Injury Law Firm, our experienced Portland truck accident lawyers are committed to educating clients and guiding them through every step of the legal process. If you’ve been involved in a truck crash in Oregon, it’s important to separate fact from fiction to ensure your rights are fully protected and you can successfully recover compensation. Let’s address some of the most common misconceptions surrounding truck accident liability.

Misconception #1: All Truck Drivers Are Experienced; Thus, They’re Rarely Liable for the Accident

Many people assume that truck drivers are such well-trained professionals that they are almost never to blame when an accident occurs. While it’s true that truck drivers undergo specialized training and are required to follow strict federal regulations and trucking industry regulations, this doesn’t automatically mean they are without fault in a truck accident.

In fact, truck driver negligence is one of the most common causes of truck accidents. Examples include fatigued driving due to hours-of-service violations, distracted driving, speeding, or failing to check blind spots. In Oregon, the Department of Transportation holds truck drivers to high safety standards, and violations can result in both civil and criminal penalties.

Blaming only the truck driver also ignores the possibility of multiple parties being involved. Liability might extend beyond the driver to include the trucking company, maintenance contractors, or even the manufacturer of a defective truck part. That’s why every truck accident case deserves a thorough investigation by a skilled truck accident attorney to determine all at fault parties.

Misconception #2: Liability Is Easy to Determine in Truck Accidents Because Trucks Are Equipped With Black Boxes

Many assume that because trucks are outfitted with electronic logging devices (ELDs) and event data recorders (often referred to as “black boxes”), determining fault is quick and straightforward. While these devices do provide helpful information—such as speed, braking, and hours driven prior to the crash—they are only part of the puzzle in a truck accident claim.

These tools are not a substitute for a thorough investigation, which may involve reviewing dashcam footage, speaking with witnesses, analyzing the accident scene, examining maintenance records, and consulting accident reconstruction experts. Moreover, access to black box data can be complicated, as trucking companies often control this information and may delay or resist sharing it.

In Oregon, promptly preserving evidence is crucial, especially given the statute of limitations for personal injury claims. It’s important to act promptly and consult an experienced truck accident attorney who can initiate the necessary legal steps to secure critical evidence before it is altered or lost.

Misconception #3: Truck Accident Liability Ends With the Trucking Company or the Driver

Another harmful misconception is that liability in truck accident cases is limited to just the truck driver or their employer, the trucking company. While these two parties are often central to the legal process, they are not the only potential at fault parties.

Depending on the circumstances of the truck crash, other liable entities might include:

• A third-party maintenance provider who failed to properly inspect or repair the truck
• A manufacturer of a defective part involved in mechanical failures
• A cargo-loading company that improperly secured a load, leading to instability
• Government agencies responsible for dangerous road conditions

Determining liability in these complex cases requires not only legal expertise but also technical knowledge of commercial vehicles and the trucking industry. Oregon’s laws permit accident victims to pursue compensation from multiple parties, which can increase the chances of obtaining a fair settlement that covers extensive medical treatment, lost wages, and pain and suffering.

Misconception #4: Truck Accident Liability Is the Same as in a Car Accident

One of the most misleading beliefs is that a truck accident lawsuit follows the same procedures and standards as car accident claims. While the basic principles of negligence apply in both, truck accidents are significantly more complex due to the involvement of commercial vehicles, substantial insurance policies, and intricate trucking industry regulations.

For instance, trucking companies often have legal teams and insurance adjusters working immediately after a truck accident occurs to minimize their liability. These insurance companies are prepared to challenge truck accident claims aggressively and often offer lowball settlements hoping the truck accident victim will accept without realizing the full value of their claim.

Additionally, Oregon follows comparative negligence rules, meaning your compensation could be reduced if you’re found partially at fault. That’s why legal guidance from a personal injury attorney familiar with Oregon trucking laws is essential to establish liability and seek compensation fairly.

Misconception #5: The Trucker Was Clearly At Fault; They Will Surely Lose

It’s easy to assume that if the truck driver was clearly speeding, ran a red light, or drove recklessly, the case is open and shut. But truck accident claims are rarely that simple. Even when the driver’s fault seems obvious, insurance companies and trucking companies will work hard to shift blame, minimize damages, or argue contributory negligence.

Oregon’s comparative negligence laws mean that if you’re found partially at fault—even just 10%—your compensation can be reduced. Plus, without a thorough investigation, critical evidence like dashcam footage or black box data could be lost or manipulated.

Never assume that fault guarantees a win. A strong truck accident case requires building a solid foundation with evidence, expert analysis, and aggressive legal strategy. That’s why partnering with an experienced truck accident attorney is essential to protecting your rights and securing the fair settlement you deserve.

Misconception #6: The Accident Was Nobody’s Fault

Some truck accident victims may initially believe that the crash was a random event—perhaps caused by poor weather or bad luck—and that no one is truly to blame. While natural elements can contribute to trucking accidents, the vast majority result from preventable human errors or mechanical issues.

Even in cases where the cause isn’t immediately obvious, a thorough investigation may uncover that the trucking company failed in its duty of care through negligent hiring, poor training, or skipped inspections. Similarly, a truck driver might have violated safety protocols, or a third-party vendor could have contributed to unsafe driving conditions.

A personal injury claim can only be successful when liability is clearly demonstrated, so it’s essential not to assume that the accident was unavoidable. With the help of accident reconstruction experts and a dedicated law firm like Johnston Personal Injury Law Firm, accident victims can uncover the truth and take meaningful legal action.

Have You Been Injured in a Truck Accident? Contact Johnston Personal Injury Law Firm for Legal Help

If you’ve been involved in a truck accident in Portland or elsewhere in Oregon, you don’t have to navigate the complexities of truck accident claims alone. The truth is, truck crashes often result in more severe injuries, higher legal fees, and longer recovery times than typical car accidents, and believing the myths about truck accident liability can cost you the fair compensation you deserve.

At Johnston Personal Injury Law Firm, we offer a free consultation to help you understand your rights and options. Our attorneys work on a contingency fee basis, meaning you don’t pay unless we successfully recover compensation on your behalf. With our deep knowledge of personal injury cases, federal regulations, and Oregon trucking laws, we provide the legal representation you need to take on powerful insurance companies and trucking companies.

Don’t let misinformation stand in your way. Contact an experienced motor vehicle attorney today to get the legal support you need to pursue justice and recovery after a devastating truck accident.