Who Is at Fault for a Rear-End Accident in Oregon?
Posted on behalf of RizkLaw on Sep 29, 2023 in Auto Accident
The screeching of brakes, the sickening crunch of metal against metal, and the sudden jolt forward—a rear-end accident can be a terrifying and life-altering experience. For those who have been through one, the questions that follow are often as numerous as they are perplexing: Who is at fault? How will I recover my damages? What does the law say about rear-end accidents in Oregon?
If you have been a victim of a rear-end accident in Oregon, the Rizk Law team of experienced personal injury lawyers can help you secure the compensation you deserve. We understand the complexities of these types of cases and will work diligently to identify the at-fault party and hold them accountable for the harm they have caused.
Determining Fault in Rear-End Collisions in Oregon
Rear-end accidents are a common occurrence on Oregon roads, and they can lead to serious injuries, property damage, and legal disputes. Determining fault in a rear-end collision is essential when filing a personal injury claim or pursuing compensation for damages. Here’s what you should know:
Oregon’s Comparative Negligence Law
Oregon follows a modified comparative negligence law (ORS 31.600) when it comes to determining fault in personal injury cases, including rear-end accidents. This means each party involved in the accident can be allocated a percentage of fault, and the compensation they receive is reduced by their degree of responsibility for the accident.
However, there is a critical threshold to consider in Oregon: the 51% Bar Rule. In Oregon, a party can only seek compensation if they are found to be less than 51% at fault for the accident. If you are found to be 51% or more at fault, you may not be eligible for compensation.
Factors Influencing Fault in Oregon Rear-End Accidents
When it comes to rear-end accidents, the following factors are often considered in determining fault:
- Following distance: The most common cause of rear-end accidents is tailgating or following too closely. If a driver fails to maintain a safe following distance and rear-ends the vehicle in front, they are often considered at fault.
- Distracted driving: Distracted driving can be a contributing factor in rear-end collisions. A distracted driver may be held responsible for the accident.
- Speeding: Driving at an excessive speed for road and weather conditions can also lead to rear-end accidents. If a driver is speeding and cannot stop in time to avoid a collision, they may be found at fault.
- Sudden stops: In some cases, the driver in the front may make an unexpected or sudden stop, causing the following driver to rear-end them. Determining fault in these situations can be more complex, but factors like signaling and brake light functionality play a role.
- Weather conditions: Adverse weather conditions can hinder visibility and increase stopping distances. Drivers are expected to adjust their driving to accommodate weather-related hazards.
- Vehicle maintenance: If a vehicle’s brakes or other crucial components fail, causing a rear-end collision, the owner or operator of that vehicle could be at fault due to poor maintenance.
Determining fault in a rear-end accident in Oregon involves a thorough examination of the circumstances and applicable laws. While fault is often attributed to the following driver, various factors can influence the final determination.
Contact an Oregon Rear-End Collision Attorney for a Free Case Review Today
Rizk Law lawyers have the resources and expertise to investigate the accident thoroughly, collecting evidence such as witness statements, accident reports, and expert opinions. We can also negotiate with insurance companies on your behalf to confirm you receive fair compensation for your injuries and damages.
A Rizk Law personal injury lawyer can be a valuable ally, helping you navigate the complexities of Oregon’s legal system and protecting your rights through every step of the process. Contact us today for a free consultation. Call (503) 245-5677 or fill out our contact form to get started.