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We Handle Motor Vehicle Accidents Involving Delivery Trucks Throughout Oregon
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People love the ease of having something delivered directly to their doorstep. These days, even small independent companies often make deliveries. With consumer demand higher than ever, delivery trucks are crowding downtown streets and entering suburban neighborhoods.
With so many delivery vehicles on the road, accidents are bound to happen. Even a relatively small delivery truck is considerably larger than the average passenger vehicle and can cause significant damage when a crash occurs. Truck accidents are scary and often leave injury victims facing difficult recoveries and financial hardships.
If this is the situation you find yourself in, please know that you likely have legal recourse to pursue fair compensation for your losses. The experienced and empathetic legal team at Johnston Law Firm is adept at handling all manners of truck accident cases, including delivery truck accidents. Our goal is to help Oregon families maximize their claims and get their lives back on track after a serious accident.
If you or a loved one has been in an accident involving a delivery truck in Oregon, call Johnston Law Firm or fill out our online contact form for a free consultation. Learn what our results-driven truck accident lawyers can do for you.
What Is Considered a Delivery Truck?
Generally speaking, a delivery truck is a vehicle primarily used to transport goods, packages, or other items from one place to another. Delivery trucks include long-haul 18-wheeler semis, box trucks, and smaller vans used by local businesses.
An accident with a delivery truck could involve a moving van, cement mixer, a grocery delivery service, or any vehicle with the main purpose of moving goods from Point A to Point B. Unfortunately, collisions involving these kinds of vehicles can result in tremendous damage.
Additionally, engaging with insurance companies representing commercial trucks can be especially challenging. A well-practiced truck accident attorney can help you navigate the claims process and negotiate a fair settlement on your behalf.
Potential Liability in a Delivery Truck Accident Claim
With a typical passenger vehicle collision, it is usually clear who is involved: the liable party is the driver who hit you. However, the facts may be less straightforward in a delivery truck accident case. The negligent actions of multiple behind-the-scenes parties may have contributed to the crash.
The following individuals and entities could potentially be held liable in a delivery truck accident claim:
- The delivery truck driver: The person behind the wheel of the delivery truck often bears at least partial responsibility for the accident. For instance, if it is determined that the accident was due to drunk driving or that the truck driver was using illegal drugs, distracted, fatigued, speeding, or otherwise negligent, then he or she could be liable for the accident.
- The trucking company: The Federal Motor Carrier Safety Administration (FMCSA) imposes extensive safety regulations on the trucking industry. Trucking companies are required to enforce these rules and any state laws that may apply. Companies must closely monitor each driver’s safety records and driving schedules while also ensuring that their drivers have sufficient training and experience to handle the delivery vehicle safely. If a company fails in this respect, it could be held liable for an accident.
- The truck’s owner: Delivery companies don’t always own the trucks they use. In most cases, truck owners are responsible for the inspection and maintenance of the vehicle. If the owner (the third party in this situation) failed in this regard, he or she could be found at fault for the truck accident.
- The truck manufacturer: Trucks are made up of thousands of components. A problem with an integral part, such as the truck’s steering or brakes, could lead to a critical accident. In such cases, the manufacturer of the delivery vehicle or the failed part could be accountable for a product liability claim.
- The truck mechanic or maintenance provider: Large delivery trucks require frequent and continual maintenance. If mechanics and repair shops are less than diligent, vital upkeep or repairs could be overlooked or put off. In such cases, key components could fail, leading to serious accidents.
- Cargo loaders: A delivery truck’s cargo must be loaded and secured properly to guarantee it is safe for the road. Freight loaded or secured incorrectly could shift when the truck is moving. This can affect the truck’s stability, or the load could break loose and fly off the trailer, causing an accident.
Establishing negligence and liability in a delivery vehicle accident case can be complicated and stressful. A personal injury lawyer who is experienced in handling truck accident claims can review the facts of your case and help you pursue compensation from all potential at-fault parties.
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How a Delivery Truck Accident Lawyer Can Support You
In the aftermath of a delivery truck accident, you may be dealing with physical pain, emotional trauma, and the other party’s relentless insurance adjusters. Under such pressure, you need a knowledgeable legal advocate on your side.
A delivery truck accident attorney can ease the legal process by assisting you in these key ways:
- Explaining your rights: A truck accident lawyer knows the laws and how these pertain to delivery truck accidents. He or she can give you knowledgeable and objective advice on how to best proceed with your claim.
- Conducting a thorough investigation into the accident: After taking on your case, your attorney will investigate the scene of the accident for any pertinent information. He or she will also review photos and video evidence from the incident to firmly establish what took place.
- Analyzing accident reports and medical records: In a personal injury claim, your injuries and losses must be connected to the accident. Your lawyer will use police and accident reports from the scene, as well as medical records outlining the severity of your injuries and the necessary treatments to do this.
- Interviewing eyewitnesses and industry professionals: In an effort to strengthen your case, your attorney will interview witnesses to the accident. He or she may also consult medical experts to understand and explain the full extent of your truck accident injuries. Additionally, accident reconstruction specialists may be retained to accurately determine how the delivery truck collision occurred.
- Assessing damages: Your car accident lawyer can help you gauge the full extent of your physical, emotional, and financial losses. By carefully assessing your current damages — as well as evaluating what your future expenses may be — your attorney will ensure that you seek enough compensation to meet your long-term needs comfortably.
- Identifying sources of compensation: In delivery truck accident cases, there is sometimes more than one potential source of compensation for your damages. Identifying all liable parties involved in the truck crash is essential to maximize your restitution amount.
- Filing paperwork: Accident claims typically involve filing a significant amount of paperwork. Your attorney can help you accomplish all this in an organized and timely manner, ensuring that no important deadlines are missed.
- Communicating with the delivery truck company and insurers: Your lawyer can handle all communication with the delivery company on your behalf. Further, he or she will enter settlement negotiations with the insurance company for you.
- Reviewing settlement offers: Your attorney will thoroughly review any settlement offer you receive to ensure it fully meets your needs. He or she will also challenge any attempt to undervalue or deny your delivery truck accident claim.
- Preparing your case for litigation: Mediation or arbitration hearings may be necessary in the process of resolving your case. Your lawyer will make sure you are well-prepared for such negotiations.
- Representing you in court if necessary: Although most delivery truck accident cases are settled out of court, retaining a personal injury lawyer familiar with your type of case is invaluable in the event your case goes to trial. Experienced court representation can ensure a more favorable outcome for truck accident victims.
As a delivery truck accident victim, hiring an experienced attorney is in your best interest. Let a skilled personal injury attorney seek justice for all you have gone through — while you focus on recovery.
The Compensation Our Delivery Truck Accident Attorneys Can Help you Attain
Serious delivery truck accidents can result in devastating losses and may involve a totaled vehicle, severe injuries, and emotional pain and suffering.
Depending on the circumstances of your accident, you may qualify to attain restitution for:
- Medical treatment and medical bills
- Rehabilitation and physical therapy
- Cost of future medical expenses
- Past, present, and future lost wages
- Reduced earning capacity
- Property damage
- Emotional pain and anguish
- Loss of enjoyment of life
- Pain and suffering
- Other expenses related to the accident
- Wrongful death
When facing significant loss after a delivery truck accident, the motivated and supportive legal team at Johnston Law Firm can help you reclaim your quality of life by pursuing a fair settlement.
Deliver Truck Accidents: FAQs
At Johnston Law Firm, we specialize in managing delivery truck accident cases. Our law firm diligently pursues justice against negligent truck drivers including drivers of delivery trucks, their employers, and any relevant parties. Our seasoned Oregon delivery truck accident attorneys provide insightful answers to the most common questions posed by victims concerning the negligence of delivery truck drivers.
In Oregon, you typically have two years from the date of a vehicle accident to file a personal injury lawsuit. This applies to truck accidents as well, according to Oregon Revised Statuses – section 12.110. However, even though this may seem like plenty of time, it is of the essence to take legal action quickly, so that your Oregon truck accident attorney can build a strong case for you.
In Oregon, you can still receive compensation if you were partially at fault for a delivery truck accident, thanks to the state’s modified comparative negligence rule. As long as your fault is not more than 50%, you are eligible for compensation, but your recovery amount will be reduced by your percentage of fault. If your fault exceeds 50%, you cannot recover any damages.
If the delivery truck driver involved in an accident was an independent contractor, the legal approach to your case might differ. Generally, companies are not directly liable for the actions of independent contractors. However, you might still pursue compensation through other avenues, such as a claim against the driver’s insurance or the company’s liability for negligent hiring practices. It’s crucial to investigate the relationship between the driver and the company to understand the best legal strategy for your case. If you’re in Oregon, don’t hesitate to contact Johnston Personal Injury Law Firm.
If your truck accident case goes to trial, it will follow a structured legal process. Initially, both parties will engage in pre-trial preparations, including discovery, where evidence is exchanged and witnesses are deposed. At trial, both sides will present their arguments, introduce evidence, and call witnesses to testify before a judge or jury. After both sides have presented their cases, the judge or jury will deliberate and render a verdict, deciding on liability and the amount of damages, if any, to be awarded. This process can be lengthy, often taking several months to years to complete. However, our attorneys at Johnston Personal Injury Law Firm have a lot of experience with truck accident cases and most of these cases are settled outside of court.
If the delivery truck driver’s insurance company contacts you after an accident, it’s crucial to be cautious. Avoid providing a recorded statement or signing any documents without consulting your attorney. Insurance companies often aim to minimize payouts, so having legal representation ensures your rights are protected and you receive fair compensation. Always direct any communication to your lawyer who can handle negotiations on your behalf.
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Sally Martinez
– Michelle E.
Mr. Johnston and his firm were incredibly thorough in getting us a fair settlement from our insurance company with little to no pressure. We really appreciated having someone who truly cared about us every step of the way. I would highly recommend the Johnston Law Firm to anyone in need of personal injury representation.
Contact the Dedicated Truck Accident Attorneys at Johnston Law Firm Today!
These days, a delivery vehicle could hit you almost anywhere — potentially turning your life upside down. It is not advisable to take on truck drivers, delivery companies like Amazon, UPS, or FedEx, or insurers on your own. Having professional legal counsel backing you up will give you peace of mind and increase your chances of resolving the case in your favor.
At Johnston Law Firm, we pride ourselves on standing up and seeking justice and compensation for individuals and families who have been seriously hurt by negligence in the trucking industry. Marc A. Johnston is a lawyer for the people, having handled thousands of personal injury cases throughout Oregon with commitment, success, and great compassion for his clients.
Marc is also a member of The Academy of Truck Accident Attorneys (ATAA). The mission of this organization is to provide education, resources, and support for truck accident lawyers. Thus, Marc’s legal team is well-equipped to handle your truck accident claim from beginning to end.
Please don’t wait to get the help you need after an accident. Call Johnston Law Firm directly or fill out our online contact form for a free, confidential case review. Learn what our award-winning law firm can do for you.
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