Determining Fault for a Car Accident in Oregon

Becoming involved in a car accident can be a seriously disrupting force in your life. Sustaining injuries or having your property damaged due to another person’s poor driving becomes one more issue you have to deal with. To make matters worse, some car accident injuries may not be noticed right away, and symptoms could take days to weeks to develop. There are so many steps to keep in mind to give your claim the best chance of success that it can be overwhelming to move forward without trusted legal counsel guiding the way.

If you have been injured in a car accident in Oregon, you will need to identify the person at fault before beginning a claim for compensation. Without a skilled attorney looking out for your interests, this might be a challenge. By keeping track of police reports, witness statements, and documenting your crash with photographs, you’re taking the first steps toward securing compensation you’ll need to cover all accident-related expenses. When you partner with Rizk Law lawyers, our team will learn about you unique situation and help you understand your legal options.

Who Might be Responsible for a Car Accident in Oregon?

Fault is often referred to as “liability” in personal injury law and figuring out who is “liable” for the accident simply means identifying who is responsible for the crash. To pursue a car accident claim, it’s necessary to pinpoint the at-fault party to then pursue compensation from their insurance provider. The at-fault driver is ultimately responsible for covering your medical expenses, the cost of repairing or replacing your vehicle, and more. In some car accident cases, it may be possible for multiple parties to be at fault, including:

• Vehicle manufacturers
• Government entities that maintain the roads
• Mechanics and repair facilities
• Employers that hire drivers

An experienced Oregon personal injury attorney will gather documentation of your crash –– including medical records, paystubs, medical bills, repair bills, and other receipts –– to begin calculating a reasonable settlement sum. In Oregon, it’s important to show that you were not more than 50% responsible for the crash; otherwise, you cannot receive a car accident settlement.

How to Prove Fault for a Car Accident in Oregon

A person found to be at fault for a car crash in Oregon is found to have acted with negligence. Negligence refers to the failure to fulfill one’s duty of care. Drivers owe each other a legal duty to drive safely by following the rules of the road. A driver who causes a car crash has failed to fulfill this duty and may face consequences such as having a claim filed against them. 

Before a claim can be filed against the driver, the following must be established:

1. There was a duty to uphold,
2. The driver in question failed to uphold that duty,
3. The driver’s failure to uphold his or her duty caused the crash, and
4. The victim suffered an injury for which he or she suffered financial losses. 

You will need to work with your car accident attorney to gather key evidence that supports the above arguments. Evidence could include:

• Photographs of your damaged vehicle
• Photos or videos of injuries you suffered
• Medical records
• Surveillance footage
• Forensic analysis
• Police reports
• Traffic and security camera footage
• Photos or videos from the scene of the accident

The more evidence you are able to collect after a crash, the easier it will be to prove the other driver was at fault. You must begin to gather evidence as soon as possible after a crash to ensure swift action. 

As a former insurance defense lawyer, Attorney Richard Rizk knows there are several deadlines that must be met to file a successful car accident claim. Don’t hesitate to talk with our team of attorneys to understand your next steps.

Trust Rizk Law to Provide the Support You Need After an Oregon Car Crash

Car accidents happen, but victims should never have to pay for another’s negligence. After 20 years in the business, we are all too familiar with how drastically a car accident can negatively impact your life and the lives of those closest to you. That is why Attorney Richard Rizk does everything he can to hold all responsible parties accountable for their actions. Richard Rizk takes a personal approach to all accident cases and strives to help clients achieve a successful resolution to their claims.

At Rizk Law, our team has helped many people pursue justice throughout Oregon. We understand that you may feel uncertain about the future, and we want to help you regain control over your narrative. Our clients are more than just numbers to us; they are survivors from all walks of life who are committed to their recovery. We want to be there for you to succeed in that pursuit.

Call (503) 245-5677 or complete our contact form for a free consultation. We do not charge any fees unless and until we win your case.