Personal Injury Recovery Even When You Are Partially at Fault

When your injury results from the negligent or deliberate acts of another, you can sue for the damages you suffered. Once you file your case, the other person’s attorney will try to reduce their client’s culpability by pointing the finger at you.

So what will happen if you are partially at fault for the accident? Will you still be able to recover damages from the accused? You may be surprised by the answer to this question. Read on to learn more.

How Is Fault Determined in an Accident?

Once you file a personal injury lawsuit, you and your attorney must provide evidence to support your claim in four areas. These are as follows:

• The other driver owed you a specific duty of care. 
• The other driver breached their duty of care through their failure to act or negligence.
• This breach of duty caused the accident.
• Your injuries were a result of the accident.

Your evidence should include accident photos, surveillance footage, police reports, medical records, and witness statements. These records will help support your claim and establish the amount of compensation you may be entitled to. 

Meanwhile, the defense attorney in your case will be preparing evidence to contradict your claims. They will try to prove that you were responsible for the accident and subsequent injuries, not the defendant. They will also use some of the same evidence or additional witness statements. But they may try to show during the accident, you were doing some of the following:

• Texting while driving
• Engaging in other distracting activities
• Speeding
• Making unsafe movements
• Running a red light

Once your case comes to court, the court will decide who was at fault in the accident. But the opinion is not always 100% in the direction of one person or the other.

The court may find that while the other person is primarily responsible for your accident, you may also have some fault or responsibility. For example, the court may find the other driver to be 80% at fault for the accident but may find you 20% at fault for running through a changing light. In Oregon, this type of judgment will affect your compensation.

What Is Modified Comparative Negligence?

Comparative negligence laws outline how the court awards fault when two or more drivers are involved in an accident. The percentage of negligence you are assigned determines if and how much compensation you can receive from the claimant or their insurance company.

Comparative negligence laws fall into two basic categories:

• Pure comparative negligence
• Modified comparative negligence

The state of Oregon uses a modified comparative negligence system with a 51% rule. This rule means that as long as the court finds the other driver to be more than 50% at fault for the accident, you will be able to recover damages. 

What Does Modified Comparative Negligence Mean for Your Case?

Once the court hears your case and assigns the percentages of negligence, it will affect how much compensation you receive. Using the above example, if you are found 20% responsible for your accident, the court will reduce any monies awarded by 20%. For example, if the court awards you $50,000 in damages, you will only receive $40,000, or 80% of $50,000.

Oregon accident laws are complex. You need an experienced personal injury attorney to help you prove your case so you can get the compensation you deserve. At Smith Morgan LLP, we understand these complexities. We have the knowledge and experience to prove your case and help minimize any culpability the plaintiff may attempt to assign you. Contact us today and set up an appointment to discuss your case.