Oregon follows a modified comparative negligence doctrine that allows you to recover compensation as long as you are 50% or less at fault for the accident. Still, if it is determined that you are 51% or more at fault, you are barred from recovering compensation (ORS 31.600).
Insurance companies try to use Oregon’s modified comparative negligence laws to their advantage and look for ways to blame accident victims so they can minimize or deny claims. One of the most significant benefits of having an attorney is that they will build a robust case that supports your claim and will help prove that the other party is at fault or reduce your liability.
In settlement negotiations, a Portland injury attorney and insurance adjuster often go back and forth over fault allocation. If the insurance company is unwilling to offer a fair settlement and the case goes to trial, the jury will assign each party a specific percentage of fault based on the evidence. Oregon law also allows that multiple parties can share fault, as outlined in (ORS 31.605)
Factors That Impact Fault Determination:
- Police reports and citations issued to either party
- Traffic laws violated
- Witness testimony
- Physical evidence, including accident reconstruction reports, photos, and video
Real-World Examples of Comparative Negligence in Oregon
You may be asking yourself how the state’s comparative negligence doctrine affects your case. Here are a few practical examples showing how comparative negligence can influence a case:
Car Accident With Shared Fault
You ran a stop sign at SE Stark Street and 122nd Avenue, but were struck by a speeding driver. The jury determines you are 10% at fault. You are awarded $50,000 but receive only $45,000 in your final settlement.
Pedestrian Accident With Jaywalking
You were jaywalking on West Burnside Street and 3rd Avenue when you were struck by a speeding car. The jury determines you were 20% at fault. You are awarded $20,000 but receive only $16,000 in your financial recovery.
Slip and Fall With Partial Responsibility
You slipped on the unmarked wet floor of a Downtown Portland convenience store, but were texting on your phone at the time. The jury determines you are 51% at fault. In cases such as this, you will be barred from receiving any compensation regardless of how badly you were injured.
The previous examples demonstrate the significance of how being assigned fault for an accident can affect your claim and why it is essential that you have legal representation.
How Insurance Companies Use Comparative Negligence Against You
One of the most common strategies that insurers routinely use is to try to increase your fault percentage to minimize payouts. Be advised that although the insurance adjuster may seem sympathetic to your case, their job is to look for as many ways as possible to save their company money.
Some of the common tactics include:
- Using your recorded statement against you
- Blaming weather, road conditions, or open and obvious hazards
- Arguing that you did not seek immediate medical treatment
- Alleging your failure to wear a seatbelt
You should never agree to make a recorded statement providing details of how the accident occurred. However, many adjusters will insinuate that the claim cannot be closed without you making a recorded statement. Be aware that the insurance company has the legal right to use your recorded or written statement against you to try to deny or reduce your claim.
In other instances, the insurance provider may try to offer a quick settlement. Even though it may be tempting to accept an initial offer, it is rarely in your best interests.
Having an experienced Portland attorney will prove invaluable, as they can present counterarguments supported with evidence and expert testimony with the goal of helping you recover full and fair compensation for your injuries.
What to Do If Blamed and How an Attorney Fights for Fair Allocation
If the insurance company tries to blame you for the accident, do not willingly accept a fault determination. Instead, consult a Portland attorney who will gather evidence that supports your version of events.
Some of the critical evidence that you can gather to defend yourself against the insurer’s claims include:
- Dashcam and traffic camera footage
- Statements from independent witnesses
One of the most essential pieces of evidence you can collect is the police report, which you should carefully review for accuracy.
Your personal injury attorney has the financial resources to hire accident reconstruction specialists, depose witnesses, and present strong arguments at trial that can withstand legal scrutiny.
It is worth emphasizing that Oregon’s strict statute of limitations (ORS 12.110) still applies even when your case is in the negotiation stage. Generally, injury victims have up to 2 years to file a lawsuit in Multnomah County courts seeking compensation for damages, so you must obtain legal representation as soon as possible.
How Tillman Law Can Help
When you come to Tillman Law for help with a personal injury claim, we investigate the full picture, not just the insurance version of events. By utilizing strong investigative techniques and thorough evidence gathering, we will develop a compelling case on your behalf.
Even a small shift in the percentage of fault assigned to you can mean thousands more in a potential recovery. Our attorneys work on a contingency fee basis, meaning you pay us nothing unless we win your case.
Do not let the insurance company try to convince you that you are to blame for the accident and are therefore not entitled to recover any compensation. Instead, allow our dedicated team of Portland personal injury attorneys and legal team to professionally assess your case and determine what legal options suit your needs. Contact our Portland, Oregon law office today at 855-503-5035 to schedule a free initial consultation.
