You are the operator of a motor vehicle involved in an Oregon Car accident. The insurance company for the other driver claims you are partly at fault. This blog discusses Oregon’s rules for determining fault in motor vehicle accidents.
Oregon law requires the person asserting a claim to prove fault of another more than 50%. That “other person” is usually the driver of another vehicle…but not always. Oregon personal injury claimants must prove that someone else is more than 50% responsible for the crash. If then you are more than half responsible for an accident, you get zero.
The Oregon approach is known as the 51% rule (and the “modified comparative negligence rule”). In other words, to win your claim you need proof (pictures, for example) and a good lawyer.
Generally speaking four degrees of fault exist in Oregon:
1) Negligence (ex-failure to act reasonably) 2) Recklessness (ex-mobile phone use or DUI) 3) Intent (ex-Racing) 4) Strict liability (Ex- Illegal Transport of hazardous material)
If the other adjuster is pointing a finger at you, Richard Rizk can help. Mr. Rizk knows how insurance adjusters and their attorneys think because he has held both positions. Richard can be reached at email@example.com or by phoning (503) 245-5677.