Oregon’s statute of limitations is a law that sets a two-year time limit for filing most personal injury lawsuits, including those involving truck accidents.
Seems simple enough, right?
Except – the deadline that applies to your specific situation depends on who you’re suing, what type of claim you’re bringing, and whether any exceptions to the statute of limitations apply. Miss an applicable deadline, and you could lose your right to recover compensation entirely, no matter how strong your case is.
Plus, two years might sound far away. But investigations, claim preparation, and settlement negotiations all take time, making early legal action essential.
A Portland truck accident lawyer from Rizk Law can review your situation to determine your filing deadline and develop a legal strategy tailored to your situation.
Contact us today to learn more about the statute of limitations for truck accidents in a free initial consultation.
When Does the Statute of Limitations Clock Start?
In most Oregon truck accident cases, the clock starts counting down to the two-year filing deadline on the date of the crash.
However, in cases where an injury isn’t immediately obvious, Oregon’s discovery rule can push back that start date.
This rule allows the clock to start on the date you discovered, or reasonably should have discovered, your injury rather than the accident date itself. Courts apply this rule narrowly, though, so don’t assume it will apply automatically.
Our experienced attorneys can help you determine when the time starts ticking for your specific case.
Key Truck Accident Filing Deadlines by Claim Type
Different types of claims carry different legal deadlines in Oregon. For example:
- Wrongful death claims generally have a three-year filing window, starting on the date of the injury causing death.
- Claims against government entities, such as a city responsible for road maintenance, require that you file a notice of claim within 180 days of the injury – or one year for wrongful death.
All the unique aspects of your case go into determining which deadlines apply. It’s best to check with a lawyer who can explain how much time you have to act.
Exceptions That Can Change the Filing Deadline
Oregon law recognizes several exceptions to the statute of limitations that can extend the filing deadline for your personal injury claim, including:
- If the victim is a minor or has a disabling mental condition at the time of the crash – The filing window doesn’t start until they turn 18 or their disability ends.
- If an at-fault defendant leaves Oregon after the crash – The time they spend out of state doesn’t count toward the two-year window.
You can’t just assume that an exception applies to your case, though. There are strict requirements specifying when an injury victim is entitled to additional time. Our team can identify any exceptions and help you utilize them.
Why You Should Never Wait Until the Deadline
Filing windows close faster than most truck accident victims expect, and waiting until the last minute is never a good idea.
Critical evidence, such as electronic logging device data and eyewitness accounts, becomes harder to obtain as time passes.
Trucking companies also retain their own legal teams immediately after a crash, working quickly to minimize their exposure. Every day you wait, they gain an advantage. Consult an experienced truck accident attorney as soon as possible so they can start building your case first.
Oregon Statute of Limitations for Truck Accidents FAQs
Here are answers to some of the questions injury victims frequently bring to us about Oregon truck accident filing deadlines.
Does the statute of limitations change if multiple parties are at fault?
No. The two-year deadline doesn’t change simply because multiple parties share fault. You still have two years from the date of the crash to file.
That said, cases with multiple liable parties take longer to investigate and prepare, and that kind of complexity is a reason to act sooner rather than later. Contact a lawyer early on so they can start their investigation right away.
Is there a different deadline if the truck driver was working at the time of the crash?
Possibly. If the truck driver was on the job at the time of the crash, you may have a claim against their employer.
That type of claim still falls under Oregon’s two-year personal injury deadline.
However, if the driver’s employer is a government agency, you might have only 180 days to file a notice of claim. Talk to our lawyers to be sure you’re following the right deadline.
What is the difference between the DMV reporting deadline and the statute of limitations for a truck accident lawsuit?
The DMV reporting deadline and the statute of limitations serve entirely different functions.
Oregon drivers must file a crash report with the DMV within 72 hours of any accident that causes injury, death, or significant property damage. That’s a legal administrative requirement.
In contrast, the statute of limitations governs how long you have to file a civil lawsuit. Complying with DMV reporting rules alone won’t protect your right to sue.
Can insurance company advances or payments affect my statute of limitations deadline?
There are certain circumstances in which an advance payment can pause the statute of limitations period.
However, insurance payouts don’t pause or reset Oregon’s filing deadline for most personal injury lawsuits. The clock usually keeps running regardless of what happens on the insurance side.
Insurers sometimes use the claims process to run out the clock.
If you’re focused only on settlement talks, it’s easy to allow the court filing deadline to slip by. Don’t let an open negotiation lull you into waiting too long. A lawyer can help you protect both your settlement prospects and your right to sue.
When to Speak with a Portland, OR Truck Accident Lawyer
The sooner you reach out to a Portland personal injury lawyer after a truck accident, the sooner they can get started on your case.
Your lawyer can help you identify key deadlines, preserve critical evidence, prepare a strong truck accident claim before the statute of limitations expires, and protect your right to fair compensation.
At Rizk Law, our Oregon-based team has spent over 20 years fighting for injured people across this state.
To date, we’ve secured millions of dollars for those we represent, including $900,000 for a commercial delivery truck, highlighting our ability to build compelling personal injury cases demanding real results.*
Here’s what one client had to say about working with us:
“Very caring and hard working and knows what they are doing. They have given me hope for my situation. Thank you!”
You have a limited window to act after a truck wreck, and Rizk Law is ready to help you use it wisely. Contact us today for your free consultation with our Portland truck accident attorneys.
*Each case is unique, and past results do not guarantee future outcomes.