Truck Accident Claims in Oregon
The safety and insurance rules for trucks in Oregon, how fault is shared, any limits on damages, and the deadline to sue.
Short answer: Oregon's Department of Transportation adopts the federal motor carrier safety regulations, including driver qualification, hours of service, and inspection, repair and maintenance (49 CFR parts 40, 380, 382, 383, 385, 387, 390-393, 395, 396, 398 and 399, with amendments in effect April… OAR 740-100-0010 (as amended by MCTD 1-2026, eff. 4/1/2026); ORS 825.160
| Truck safety and insurance rules | Oregon's Department of Transportation adopts the federal motor carrier safety regulations, including driver qualification, hours of service, and inspection, repair and maintenance (49 CFR parts 40, 380, 382, 383, 385, 387, 390-393, 395, 396, 398 and 399, with amendments in effect April 1, 2026), and applies them to intrastate carriers with listed exceptions. One exception: the federal minimum insurance rules (part 387) apply to intrastate carriers only when hauling hazardous materials; motor carriers must otherwise carry liability insurance at minimums set by ODOT rule. Federal minimum insurance for interstate carriers is in 49 CFR 387.9. Read in the permanent administrative order filed with the Secretary of State on 3/12/2026. Carrier insurance statute: https://www.oregonlegislature.gov/bills_laws/ors/ors825.html ; federal: https://www.ecfr.gov/current/title-49/section-387.9 . |
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| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person can recover if their fault was not greater than the combined fault of the defendants and others the law requires the jury to compare (including people who settled); damages are reduced by the injured person's percentage of fault. Source: Or. Rev. Stat. § 31.600 |
| Damage caps | Oregon's damages chapter caps noneconomic damages at $500,000 in wrongful death actions (including loss of companionship and consortium claims), except claims against public bodies and workers' compensation claims; the jury is not told of the cap. No general cap on noneconomic damages in non-death injury cases was found in the chapter. Separately, an injured person generally cannot recover noneconomic damages in a motor vehicle case if they were driving uninsured or under the influence at the time. Source: Or. Rev. Stat. §§ 31.710, 31.715 |
| Deadline to sue for an injury | Two years for assault, battery, false imprisonment, or any other injury to the person not arising from a contract. In addition, no action for negligent injury to a person or property may be filed more than 10 years after the act or omission (statute of ultimate repose). |
More Oregon personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Oregon
- Wrongful Death Lawsuits in Oregon
- Medical Malpractice Rules in Oregon
- Car Accident Claims in Oregon
- Dog Bite Liability in Oregon
- Motorcycle Accident Claims in Oregon
- Pedestrian Accident Claims in Oregon
- Bicycle Accident Claims in Oregon
- Uber and Lyft Accident Claims in Oregon
- Construction Site Injuries in Oregon
- All Oregon personal injury & wrongful death rules
FAQ
What safety and insurance rules apply to trucks in Oregon?
Oregon's Department of Transportation adopts the federal motor carrier safety regulations, including driver qualification, hours of service, and inspection, repair and maintenance (49 CFR parts 40, 380, 382, 383, 385, 387, 390-393, 395, 396, 398 and 399, with amendments in effect April 1, 2026), and applies them to intrastate carriers with listed exceptions. One exception: the federal minimum insurance rules (part 387) apply to intrastate carriers only when hauling hazardous materials; motor carriers must otherwise carry liability insurance at minimums set by ODOT rule. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.
Can you recover damages if you were partly at fault in Oregon?
Modified comparative negligence (51% bar). An injured person can recover if their fault was not greater than the combined fault of the defendants and others the law requires the jury to compare (including people who settled); damages are reduced by the injured person's percentage of fault.
Does Oregon cap damages in personal injury cases?
Oregon's damages chapter caps noneconomic damages at $500,000 in wrongful death actions (including loss of companionship and consortium claims), except claims against public bodies and workers' compensation claims; the jury is not told of the cap. No general cap on noneconomic damages in non-death injury cases was found in the chapter. Separately, an injured person generally cannot recover noneconomic damages in a motor vehicle case if they were driving uninsured or under the influence at the time.
What is the statute of limitations for personal injury in Oregon?
Two years for assault, battery, false imprisonment, or any other injury to the person not arising from a contract. In addition, no action for negligent injury to a person or property may be filed more than 10 years after the act or omission (statute of ultimate repose).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.