If you are involved in a car accident in Portland, you will need to understand how comparative negligence works in the state of Oregon. Even if you are not entirely at fault, there is still the possibility that you were partially at fault for the car accident, which can create some challenges when it comes to receiving compensation.
If you have been the victim of a car accident in Portland, Oregon, you need to hire an auto accident attorney who can represent you. At Henderson Taylor Law Firm, our team of auto accident lawyers has handled hundreds of car accident cases in Portland and can help you get the compensation you are entitled to.
Keep reading to find out what happens in a partial fault car accident and whether or not you can still file a claim if you were partially at fault.
Understanding Comparative Negligence in Portland, OR
If you are found to be partially at fault in a car accident in Portland, Oregon, the good news is that Oregon has a comparative negligence system in place. Because of this, you still have the right to pursue compensation even if you are partially at fault for the auto accident.
Comparative negligence results in the fault being divided by percentages in auto accidents. For instance, you may be found to have been 20% at fault for the accident, which would make the other driver 80% at fault. When you pursue compensation, you will have a 20% reduction from the damages amount as a result of your share of the blame.
Something to keep in mind about the comparative negligence system is that if you are found to be 50% at fault, you won’t be able to claim any compensation from the other driver. This is part of why it is so important to prove your role in the accident, especially if you believe the other driver was more at fault.
Can You File a Claim If You’re Partially at Fault in a Car Accident?
As long as you are less than 50% at fault for the car accident, it is possible to file a car accident claim so that you can receive damages. In many situations, this may be necessary if you sustain bodily injuries or property damage. However, it can be a bit more challenging to get the compensation you deserve if some of the fault is shared.
You will need to take the necessary step of hiring an auto accident attorney to represent you and help you file your claim. An attorney will have experience with comparative negligence in Oregon and can help you navigate the complexities of proving your percentage of fault. They can also help you gather critical evidence that will outline your side of the story, especially if the other driver was obviously negligent.
How to Determine Fault in a Partial Fault Accident?
Preparing a car accident claim when you are partially at fault is quite similar to a non-fault car accident claim. The main difference is that you will need to be particularly detailed regarding the evidence about your percentage of fault and how the other driver contributed to the accident. Here are some of the steps you need to take when filing a car accident claim for a partial fault car accident:
- Gathering evidence: Whether your car is totaled and it wasn’t your fault or you shared some fault in the car accident, gathering evidence is a critical step. You should try to gather evidence at the scene of the collision if you are not seriously injured, such as by taking photos of the crash scene, any visible injuries, and damages to your vehicle. You should also get the contact information of any witnesses and obtain a copy of the police report.
- Get medical care: Anytime you are in a car accident, it is vital that you seek medical care to ensure you are not injured. Many car accident injuries are internal, and you need medical assistance to ensure you are not in any immediate danger. Seeking medical care can also create a paper trail to document any injuries as a result of the accident, which can help when you file your claim later on.
- Reporting the accident: You are legally required to report any car accidents to your insurance provider, and you usually have a specific timeframe for doing this. When you report the accident, make sure you provide accurate information but do not admit any fault. Only provide the information that is necessary and leave any further communication with your insurance provider to your auto accident attorney.
- Assessing contribution: When you are involved in an accident that is not your fault, you do not have to do much more than document evidence. However, if you are partially at fault in a car accident, you need to assess your contribution in comparison to the contribution of the other driver. For instance, the other driver may have been distracted, or they may have been negligent, which can help to reduce your percentage of fault.
Whether you are not at fault or you are found to be partially at fault for a car accident in Portland, you need to hire an auto accident lawyer. An Oregon lawyer will be able to advocate on your behalf and ensure you get a fair settlement amount. This will be especially critical in a shared fault accident since you need to thoroughly document and prove your percentage of fault.
Hire an Experienced Car Accident Attorney at Henderson Taylor Law Firm
If you are partially at fault in a car accident, filing a claim can be a bit more complex since you have some responsibility. However, even if you are partially at fault in a car accident in Portland, this doesn’t automatically mean that you will not be able to get the compensation you need to cover your damages.
At Henderson Taylor Law Firm, our auto accident attorneys are committed to defending the downtrodden and advocating on behalf of Portland residents. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
