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In a crash, many people are unsure of how the laws dictate fault. In Oregon, comparative negligence laws come into play in civil actions, including those involving severe car accidents. If you suffer injuries in a car accident, you must recognize how to recover compensation for the damages you sustain.
Because of Oregon’s comparative negligence laws, the determination of negligence is different than other states. Whereas some states have pure comparative negligence, Oregon operates on modified comparative negligence.
What Comparative Negligence Means for You
Pure comparative negligence compares the percentage of fault each party holds in causing the accident. Even if you suffer an injury and the court determines you are 90% at fault for causing the crash, you may still recover the 10% for the defendant’s fault.
With modified comparative negligence, you as the plaintiff can only recover compensation if the other party is found to be 49% at fault or more. In a case where the judge awards you $100,000 and you are found to contribute to 15% of the accident, your recovery is the total judgment minus your percentage.
In this situation, you may only recover $85,000 for the damages you sustain.
Proving Negligence and Moving Forward
Many people are unaware of the issues that come into play when proving negligence. However, it’s vital to recognize how to show that you are less than 51% at fault for the accident. A lawyer can help you with the necessary resources, including:
- Utilizing photos and an accident reconstructionist to show angles and potential causes of a crash
- Utilizing witness testimony along with accident reports to show who is more at fault
At The Gatti Law Firm, we take matters of negligence seriously. We’re ready to stand in your corner throughout the process to prove your need for compensation and justice. With our team on your side, you can feel confident that your best interests are top priority.
Our Salem car accident lawyers can investigate your situation, determine your percentage of fault, and provide you with valuable insight along the way. Trust in us to be the voice you need to fight back against negligence.