Who Is Liable in a Truck Accident in Oregon?

Who is liable in a truck accident in Oregon depends on several factors—such as the negligence of various parties and the conditions that caused the accident—and can include multiple parties. Some examples of parties to consider for truck accident liability include the truck driver, the trucking company, parts manufacturers, and other involved drivers.

We’ll explore each of these potentially liable parties below, as well as discussing how cases involving multiple liable parties might be handled.

Who Is Liable in a Truck Accident?  

Liability is determined first and foremost by the at-fault party in an accident. While the size and weight of trucks can cause a greater amount of damage than most vehicles, this does not mean that a truck driver is always at fault for an accident.  

Fault is determined based on a number of factors, mostly instances of negligent driving. If evidence shows that the truck driver drove recklessly or otherwise failed to safely operate their vehicle, they are likely the at-fault party. For example, if a truck driver was texting and didn’t see traffic slowing down, causing a crash, they could be found at fault for distracted driving. The same applies to other vehicle operators involved in an accident.  

However, in cases where the truck driver is found to be at fault, the liable party may actually be the trucking company. A truck driver who causes an accident usually does so while acting as an employee of said company, and therefore they are more likely to be held responsible for the driver’s negligence.  

1. The At-Fault Driver

A good place to start is with the at-fault party in the collision. If the truck driver is at fault, there is a good chance they will be held at least partially liable. Determining fault in a truck accident relies on a number of factors, but negligent driving is one of the most important. If evidence shows that the truck driver drove recklessly or otherwise failed to safely operate their vehicle, they are likely the at-fault party.

For example, if a truck driver was texting and didn’t see traffic slowing down, causing a crash, they could be found at fault for distracted driving. The same applies to other vehicle operators involved in an accident.

Though large trucks are often capable of inflicting greater damage than other vehicles, it’s important not to assume that a truck driver will always be at fault. All aspects of the collision need to be considered, to avoid pursuing compensation from the wrong party. This is especially true in multi-vehicle accidents, where determining fault can get more complex.

2. The Trucking Company

Even in cases where the truck driver is found to be at fault, they are not necessarily liable. When dealing with commercial trucking accidents in Oregon, the liable party may actually be the trucking company. A commercial truck driver who causes an accident usually does so while acting as an employee, meaning the company bears a certain degree of responsibility for their actions.

If you believe that a major trucking company may be liable for your Hillsboro truck accident, it’s important to discuss the details with a Hillsboro truck accident attorney lawyer, who can help you assess the evidence and build a case. While you may expect that filing a claim against a larger company could result in higher compensation, they can also be especially resistant to admitting liability in accident cases, in order to reduce financial loss and preserve trust in their company. An attorney can help you defend your case and secure the compensation you deserve.

3. Third Parties

Commercial trucking businesses often work with other companies to keep their operations running. Because these services are often critical to vehicle operations, they also come with some degree of responsibility. Some examples of third parties who could be held liable for a truck accident in Oregon if they create or fail to address unsafe conditions include:

• Vehicle inspectors
• Mechanics
• Vehicle manufacturers
• Parts manufacturers

This scenario is more likely in situations where a truck accident is caused, at least in part, by an issue with the vehicle itself. Proving this can be difficult and requires a thorough inspection of the evidence. A truck accident attorney can help you gain access to critical evidence and assess the facts to determine if any third parties hold liability.

Factors That Can Complicate Liability in Oregon Truck Accidents

In Oregon and across the United States, accidents involving commercial trucks can present a much more complex picture than standard motor vehicle accidents when it comes to determining liability. In most commercial vehicle accidents, there are more than just two parties who may be held liable for an accident. The following factors have a significant impact on the assignment of liability:

Legal Requirements & Employer Responsibility

A key factor in liability for any commercial vehicle accident is the legal requirements for operation. Oregon's commitment to road safety, as highlighted by the Oregon Department of Transportation (ODOT), extends well beyond basic compliance with operation limits and rest requirements.

Non-compliance with these regulations can create unsafe situations on the road, causing or worsening the impact of trucking accidents. In such cases, the employer is more likely to be held liable.

• Rigorous Training for Truck Drivers: ODOT's emphasis on extensive training programs ensures that drivers are well-versed in safe driving practices, traffic law compliance, and fatigue management strategies.
• Mandatory Vehicle Inspections: Regular, detailed inspections of commercial vehicles are mandated to identify and fix potential issues. Driving a commercial vehicle without a recent inspection could indicate liability for either the driver or the company.

On top of accident liability, failure to meet these standards may lead to significant legal and financial consequences for violators, including civil and criminal penalties, monetary fines, and potential suspension or cancellation of operating authority. The Oregon Department of Transportation outlines these rules and penalties in detail, emphasizing the importance of adherence to ensure road safety for all users.

Comparative Negligence in Oregon

One major factor which can impact who is liable in a truck accident is the simple fact that there can be more than one liable party. As outlined in ORS 31.600, Oregon falls under what’s known as a modified comparative negligence system. This means that fault isn’t simply assigned entirely to one person, but can be split among multiple parties in percentages. For example, in a Hillsboro truck accident where both parties acted negligently, one driver could be found 30% at fault, and the other 70% at fault. Under comparative negligence, you can still recover compensation for a truck accident even if you are partially at fault, but your total compensation amount will be reduced by your percentage of fault.

If other parties, such as the trucking company, are able to pin a large amount of the fault on you, your potential compensation will be significantly reduced. Given the damage that large commercial trucks are capable of, this is a bad enough outcome. But to make matters worse, if you are found to be more than 50% at fault, you will be barred from receiving any compensation at all.

It is crucial to investigate any potential factors that could impact all parties’ percentage of fault, including your own. We recommend partnering with a qualified attorney in your area who can help you defend against an unfair distribution of fault.

Navigate Liability with a Hillsboro Truck Accident Lawyer

The aftermath of a Hillsboro trucking accident can leave victims facing a daunting array of challenges, from the need for specialized medical treatments to the financial strain of medical bills and lost income. Negotiating with at-fault parties and their insurers adds an additional layer of stress to an already overwhelming situation.

In the face of such challenges, the aid of a Hillsboro truck accident lawyer becomes indispensable. Specialized legal professionals possess the nuanced understanding and skills required to navigate the legal system, fighting to protect your rights and advocating for the comprehensive compensation you deserve for medical bills, pain and suffering, and more.

Frequently Asked Questions

What does it mean to be liable for a truck accident?

When a person or entity is liable for a truck accident, it means the law holds them at least financially responsible for damage caused in the accident, at least in part. That means a liable party may have to provide compensation for accident victims through their own insurance, especially in at-fault states such as Oregon. Legal liability often goes hand-in-hand with fault in an accident, but the two are not always directly linked.

Who is liable for a truck accident?

Who is liable for a truck accident depends on a variety of factors, such as the cause of the accident, the involvement of third-party maintenance providers, employer responsibility, and more. In many cases, the liable party will be either the truck driver or the trucking company they work for, but every case is unique—speak to a Hillsboro truck accident lawyer for more clarity.

When are trucking companies liable for trucking accidents?

Trucking companies are typically held liable for trucking accidents when the driver was performing their duties as an employee at tbe time of the crash, or if their own negligence contributed to the likelihood of a crash—such as when failing to do proper background checks on drivers or neglecting to perform regular maintenance on vehicles. Contact an attorney for more details on your unique case.

Who pays for damages in an accident if multiple people are at fault?

Who pays for damages in an accident involving multiple at-fault parties depends on your state’s negligence law. For example, in Oregon, a modified comparative negligence state, fault is distributed in percentages, and an accident victim can recover compensation from any at-fault parties, so long as their own fault doesn’t exceed 50%.

How do I recover compensation after a truck accident in Hillsboro, OR?

To reccover compensation after any motor vehicle accident, you'll need to file a claim against the at-fault party's insurance. Gather evidence at the scene, make an appointment with a medical professional to assess your injuries, and speak to a Hillsboro truck accident lawyer for help building a claim for maximum compensation.