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January 31st, 2025
After a serious trucking accident in Hermiston or anywhere else in Oregon, one of the most frustrating situations is when the trucking company denies any responsibility.
You know the truck driver was at fault, but now the company is trying to avoid paying for your injuries and damages. What can you do in this situation?
The good news is that an experienced trucking accident attorney can help you prove liability and fight back against the trucking company’s denial of responsibility. Here’s what you need to know.
There are a few common reasons why a trucking company might try to deny responsibility after an accident caused by one of their drivers:
Whatever the reason, it’s important to remember that a denial of responsibility is not the final word. With the right evidence and legal strategy, you can still prove the trucking company’s liability and obtain the compensation you deserve.
To hold a trucking company responsible for your accident, you must show that their driver’s negligence caused the crash.
Some key pieces of evidence that can help prove liability include:
An attorney can help gather and analyze all of this critical evidence to build a strong case against the trucking company
In many cases, the evidence will show that the truck driver made an error, such as:
Even if the driver made a mistake, the trucking company may still try to avoid responsibility by claiming the driver was an independent contractor rather than an employee. However, trucking companies are still liable for the actions of their drivers in most cases.
According to the Federal Motor Carrier Safety Administration (FMCSA), trucking companies are responsible for ensuring their drivers and vehicles meet all safety regulations. This includes proper licensing, training, drug testing, vehicle maintenance, cargo securement, and hours of service compliance.
If a trucking company fails in these duties and an accident results, they can be held liable. Your attorney can investigate the company’s compliance with FMCSA regulations to further demonstrate their negligence.
Proving liability is key to obtaining full and fair compensation for your medical expenses, lost wages, pain and suffering, and other damages after a truck accident. Once liability is clear, your attorney can negotiate aggressively for a settlement that meets your current and future needs.
In cases of egregious negligence, such as drunk driving, your lawyer may recommend pursuing punitive damages as well. Punitive damages punish the trucking company and send a strong message that such reckless behavior will not be tolerated on Oregon roads.
However, trucking companies and their insurers have high-powered lawyers on their side, fighting to pay as little as possible. It’s critical that you level the playing field by hiring your own attorney who specializes in trucking accident cases and knows how to take on these big companies.
At Hess Law Firm, we have extensive experience representing truck accident victims in Hermiston and throughout Oregon. We know the tactics trucking companies use to avoid responsibility, and we have the skills and resources to hold them accountable.
If you’ve been hurt in a crash and the trucking company denies liability, don’t face them alone. Contact Hess Injury Law for a free consultation. We’ll stand up for your rights and fight for the maximum compensation you need to get your life back on track.
In Oregon, the statute of limitations for most truck accident lawsuits is two years from the date of the crash. However, it’s best to talk to a lawyer as soon as possible to avoid missing any important deadlines.
Many truck accident cases can be settled out of court through negotiations. However, if the trucking company refuses to offer a fair settlement, your attorney may recommend filing a lawsuit and going to trial. Your lawyer will handle all aspects of litigation and fight for your best interests every step of the way.
Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.
Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.
Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.
