When it comes to accidents, determining fault is not always a clear-cut matter. In some cases, multiple parties may bear some level of responsibility for the incident. This is where the concept of comparative negligence comes into play.
If you find yourself in a situation where you believe you were partly at fault for a Portland accident, understanding how comparative negligence works can help you navigate the legal process more effectively.
Comparative Negligence
Comparative negligence, also known as comparative fault, is a legal concept that determines the degree of fault each party bears in causing an accident or injury.
It acknowledges that accidents are rarely caused by one single individual but rather by a combination of actions or inactions from different parties.
Under comparative negligence, a percentage of fault is assigned to each party involved based on their contribution to the accident.
This means that even if you were partially at fault for the accident, you may still be entitled to compensation, although it might be reduced proportionally to your level of negligence. [1]
In Portland, Oregon, a modified comparative negligence system is followed. This means that if you are found to be less than 50% at fault for the accident, you may still recover damages from the other party/parties involved.
The amount of compensation you receive will be reduced by the percentage of your fault. For example, if the court determines that you were 25% responsible for the accident, your total damages awarded will be reduced by 25%.
Determining Who Is at Fault for a Car Accident
Determining who is at fault for a car accident is a critical step in the aftermath of a collision. Accidents can have serious physical and financial consequences, and understanding who is responsible is essential for insurance purposes and potential legal actions.
In the city of Portland, Oregon, fault is determined based on various factors, including evidence gathering, insurance policies, and assessing each party’s contribution to the accident.
Assessing Contribution
Assessing the contribution of each party to the accident is an important consideration. This involves evaluating the actions or inactions of each party and determining the extent to which they contributed to the accident. Factors that may be taken into account include:
- Distracted driving
- Failure to follow traffic laws
- Negligent behavior
Comparative negligence laws in some states consider the percentage of fault assigned to each party and can affect the amount of compensation a party may recover.
Evidence Gathering
When determining fault in a car accident, evidence plays a significant role. This includes collecting information from the scene, such as:
- Eyewitness statments
- Photographs
- Videos
Reviewing police reports and obtaining any available surveillance footage can also provide valuable insights into how the accident occurred and who may be at fault. Thorough evidence-gathering increases the chances of a more accurate determination of fault.
Insurance Policies
Understanding the coverage and liability of each party can help assess their responsibility and influence the allocation of fault.
Insurance companies typically evaluate policy provisions, such as bodily injury liability coverage and personal injury protection, to determine the extent of coverage and potential fault.
What if I Had Some Responsibility for A Portland Accident?
When involved in an accident in Portland, understanding the implications if you were partly at fault plays a key role.
From insurance coverage considerations to seeking legal advice, being aware of your options can help you navigate the aftermath of an accident and ensure you receive the appropriate compensation for your injuries and damages.
Determining Liability and Potential Consequences
When both parties are at fault in an accident, liability is shared between them. When you are at fault, you may be held responsible for medical expenses, property damages, and other losses experienced by the other party. Hiring a lawyer can ensure your rights are protected and help negotiate a fair settlement.
Reviewing Insurance Coverage
For individuals who may have contributed to a Portland accident, it is advisable to first review their insurance policy. Having a clear understanding of the specific coverage in place will help determine the level of financial protection provided by the insurance company.
Reviewing your policy will provide you with an understanding of the expenses that will be handled by your insurance company and the financial obligations you may have in relation to the accident.
In situations where you were partly responsible for a Portland accident, consulting with the experienced personal injury lawyers at Goldberg & Loren. Contact Goldberg & Loren today to schedule a free consultation.
Source:
[1] ORS 31.600 – Contributory negligence not bar to recovery. (n.d.). https://oregon.public.law/statutes/ors_31.600
