It’s common for people to wonder what happens if more than one person contributes to a Portland car accident or other incident. In Oregon, the answer comes down to the state’s “modified comparative negligence” law. This rule determines whether you can recover money for your injuries and, if so, how much you can actually receive.
The short version is that if you are partly to blame for an accident in Oregon, you may still recover compensation, but the amount you receive will be reduced. Once your share of fault reaches a certain level, however, you could lose your right to collect anything at all.
The Basics of Oregon’s Modified Comparative Negligence
Oregon follows a modified comparative negligence law with a 51% bar. That means you can pursue compensation as long as you are found to be 50% or less responsible for the accident. If you are determined to be 51% or more at fault, you cannot recover damages.
Here’s how it works in practice: imagine you are injured in a car accident and suffer $500,000 in damages. If a jury finds you were 20% responsible, your recovery will be reduced by 20%, leaving you with $400,000. However, if your responsibility level is 55% instead, you won’t receive anything.
This approach differs from states with harsher rules. For example, Maryland uses contributory negligence, which bars recovery if you are even 1% at fault. Oregon’s system is considered more balanced because it recognizes that accidents often have more than one cause.
The Impact of Comparative Negligence on a Personal Injury Claim
This law is important because it shapes the way insurance companies and courts evaluate accident claims. If you are injured in Oregon, the other side’s insurer may try to argue that you bear a significant portion of the blame. By increasing your share of fault, they can lower the amount they must pay or eliminate your claim entirely.
Fault can be assigned in many ways. For example:
- A driver may argue that you were speeding at the time of a crash
- A property owner may claim you ignored warning signs before a slip and fall
- A trucking company may allege that you cut off their driver during a truck accident
If you’re being blamed after an accident, it’s critical to hire an experienced personal injury attorney in Portland who can help you respond appropriately and maintain the full value of your claim. Insurance companies are out to make a profit, so this is a common tactic they utilize to try and get out of paying accident victims.
Contact a Personal Injury Lawyer in Oregon for a Free Consultation
Oregon’s modified comparative negligence law can significantly affect the outcome of your personal injury case. While you may still recover compensation if you are partially at fault, your award could be reduced or barred completely depending on the circumstances.
If you were recently injured in an accident, do not leave your recovery to chance. Contact an experienced Oregon personal injury lawyer with Sears Injury Law today for a free consultation. We’ve recovered hundreds of millions for our clients and work on contingency, so we only get paid if you do.
