Car & Truck Accident

As a "baby lawyer" in the 1980s, one of my first jobs was with a major Portland law firm in their labor and employment law department. A person wanted me to represent him on a car accident case. I thought, "sure." But my bosses said, "no."

The reason, they said, was that they and I did not have experience in that field, and we might screw up. At the time, I was disappointed, thinking, "It's a car accident case; those are not hard!" Decades later, I can see that my bosses were right. There are a lot of ways to screw up an Oregon car or truck accident case.

Car accident cases are not won or lost by proving who was at fault. Good lawyering means helping the client avoid the insurance company traps that reduce the value of the claim. A good lawyer knows all of the laws and rules (some of which are informal and unwritten) that control things like:

  • Can they get ALL of my past medical records?
  • Must I submit to an "Independent Medical Examination?"
  • Must I really submit to a psychological exam for a spinal injury?

Car and truck accident cases are won and lost during the "discovery" phase of the lawsuit, when both sides may gather information about the claims and defenses. This is where you need a lawyer who has been working on vehicle cases for years.

Trucking cases have their own peculiarities. Again, the discovery phase is critical. Truckers have to keep records that we car drivers do not have to keep. Knowing what to ask for is crucial in pinning down why the collision happened. How many miles did he cover in the last 48 hours? Did he rest the right number of hours? When was the last time the truck was checked by a mechanic?

Again, you need a lawyer who knows the ins and outs of these cases. A generalist lawyer -- your buddy or relative who does wills and divorce -- will not serve you well. My bosses from 1987 were right.

Oregon Personal Injury Lawyer Blog - Car / Truck Accident