If you were partly at fault for an accident in Oregon, it is easy to feel like that is the end of the road.
But Oregon law does not work that way.
Shared fault does not automatically cancel a claim. The law looks at what each person did and then adjusts recovery based on their roles.
If you are unsure how your actions may affect an accident claim, a personal injury lawyer from Rizk Law can provide you with the clarity you need. Our experienced attorneys can review what happened and explain how shared fault could factor into your situation.
Understanding Oregon’s Comparative Negligence System
Oregon follows the legal rule of modified comparative negligence. It derives from a simple idea: Many accidents do not happen because of one single mistake. Rather, both the injured person and another involved party may each be partially to blame.
There are a few key aspects to know about this process:
- Instead of putting all the responsibility on one person, courts and insurance companies consider what everyone involved in a lawsuit did and split the fault among them.
- The rule reduces any compensation awards for the injured party in proportion to their share of fault.
- Someone who is more than 50 percent at fault cannot recover compensation.
For example, let’s say Driver A turned left in front of Driver B, who was speeding but had the right of way. The two vehicles collided, seriously injuring Driver B. The court hearing the case reviews each driver’s evidence and concludes that Driver A was 60 percent to blame and Driver B was 40 percent at fault. Driver B can then recover 60 percent of their losses from Driver A, who cannot get any compensation from Driver B.
That’s Oregon’s comparative negligence law in action.
What the 51% Rule Means for Injury Victims
Oregon follows the 51 percent rule, which plays a significant role when more than one person shares blame for an accident.
Under this rule, an injured person may still recover losses if their share of fault is 50 percent or less. But once the fault crosses that halfway mark, financial recovery is no longer allowed.
This makes fault percentages especially important in shared-fault cases. Insurance companies understand how this rule works and often try to shift more of the blame onto the injured person to limit or block recovery.
Having a lawyer who knows how Oregon applies this rule can help keep fault from being overstated.
How Fault Percentages Affect Your Compensation
When more than one person shares blame for an accident, the amount of money someone can recover goes down.
For example, if an injured person is found to be 20 percent at fault and their total losses are $100,000, they could receive $80,000.
The same math applies to all losses, including medical bills and missed time from work. The goal is to match the amount someone can recover to their share of responsibility. Even when fault is shared, the remaining amount can still help cover accident expenses.
How Is Fault Determined in a Portland Personal Injury Case?
Deciding who is at fault comes down to evidence, not assumptions. Those reviewing a claim focus on what actually happened, piecing together the events using materials such as:
- Police or incident reports
- Accident scene photos
- Video footage
- Eyewitness accounts
In some cases, experts also help explain key details. These may include specialists who study accidents, injuries, or the design and maintenance of a location. Their role is to explain how certain actions led to an injury or why a seemingly minor condition played a larger role.
Fault often relies on timing and visibility. Judges, juries, and insurance adjusters look closely at who had the opportunity to avoid the incident or who failed to follow a safety rule, rather than relying on opinions or first impressions.
Common Situations Involving Partial Fault
Shared fault often comes up in car accidents. One driver’s brake light might be out, while another is texting and rear-ends them.
Both contributing factors matter, but one may matter more. Similar issues come up with pedestrians and slip and fall accidents, where people disagree about who caused the injury or whether the victim could have prevented it.
Sometimes, at-fault parties will try to use the comparative negligence system to unjustly put the blame on the accident victim.
For example, an insurance company might say, “You should have been paying closer attention,” even when the other driver ran a red light and caused the crash. Or in slip and fall cases, the insurer may argue that the victim should have noticed the wet floor, although there wasn’t a warning sign.
However, Oregon law limits fault to actions that actually contributed to the injury, not general claims or hindsight criticism.
How Insurance Companies Use Comparative Fault to Reduce Payouts
Soon after an accident, insurance companies may argue that more than one person was responsible.
This allows them to justify a lower offer or deny payment altogether. Bringing up shared fault at the beginning can also pressure someone into accepting a settlement before the full impact of their injuries is evident.
As the claim moves forward, insurers may focus only on facts that help their case and gloss over evidence that does not. They may also lean on recorded statements taken before anyone really knew how serious the injuries were.
That is where having a lawyer can help – someone who knows what to push back on and when.
How a Portland Personal Injury Lawyer Can Protect Your Claim
At Rizk Law, we can fight back against attempts to force fault onto you.
We consider the arguments the insurance company is already making and address them early, before those claims gain traction. We will keep the focus on what actually caused the injury, not opinions meant to shift blame.
And with former insurance defense attorney Richard Rizk on our side, we have insider knowledge on the tactics insurers use to reduce their liability levels, allowing us to counter their efforts and protect your right to a full financial recovery.
Your compensation after a shared fault accident in Oregon depends on the strength of your claim.
Our legal team will review records, speak with witnesses, and bring in experts to present the facts in a way that reflects how the situation truly unfolded. That means we can defend against the insurer’s attempts to place undue blame on you or work to minimize your level of fault if you are partly to blame.
If the case does not resolve through negotiation, we will not hesitate to take it to court and seek maximum compensation.
Contact Our Portland Personal Injury Lawyers for Comparative Negligence Claims Today
For more than 20 years, we have represented injured Oregonians in complex shared-fault claims.
At Rizk Law, our team draws on deep experience in Oregon modified comparative fault law to handle cases where fault is in dispute and blame is in question.
We have delivered meaningful results for our deserving clients, including securing $695,000 for a pedestrian who suffered a brain injury by combatting the insurer’s suggestion that the victim was at fault due to pot smoking. You can also review our client testimonials to see how we approach these cases.
If you’re concerned you were partly at fault in an Oregon accident, don’t assume you can’t receive compensation. Instead, contact Rizk Law to learn more about how we can help protect your personal injury claim.
