Understanding How Fault Is Assigned in Oregon Personal Injury Cases

Understanding How Fault Is Assigned in Oregon Personal Injury Cases

How does a jury assign fault? In personal injury cases, determining who is at fault for an accident is crucial for establishing liability and recovering damages. Sometimes, multiple parties may share responsibility. This guide explains how fault is assigned by a jury in Oregon and what it means for those involved in an accident.

Table of Contents

How Do Juries Assign Fault?

Juries assess fault by examining all the evidence presented during the trial. They consider factors such as:

• Actions of Each Party: What each person did or didn't do leading up to the accident.
• Witness Testimonies: Accounts from people who saw the incident occur.
• Expert Opinions: Insights from professionals like accident reconstruction specialists.
• Relevant Laws: Traffic laws or safety regulations that may have been violated.
• Personal Experience: Juries are full of normal people, even when carefully instructed, juries may assign fault in very unexpected ways.

There isn't a fixed formula for assigning fault. Instead, juries use their judgment to determine the percentage of responsibility each party holds based on the facts of the case.

Modified Comparative Negligence in Oregon

Oregon operates under a modified comparative negligence system. This means:

• Threshold for Recovery: You can recover damages only if you are less than 51% at fault for the accident.
• Reduction of Damages: Any compensation awarded to you will be reduced by your percentage of fault.

Example Scenarios:

1. Equal Fault (50/50 Responsibility):
   • Two drivers collide, and both are found to be equally at fault.
   • Outcome: Neither party can recover damages from the other.
2. Partial Fault (Plaintiff Less Than 51% Responsible):
   • Driver A runs a stop sign and hits Driver B, who wasn't wearing a seatbelt.
   • Jury finds Driver A 85% at fault and Driver B 15% at fault.
   • Outcome: If damages total $100,000, Driver B can recover $85,000 (which is $100,000 minus 15%).

Why Is This Important?

Understanding how fault is assigned affects:

• Your Ability to Recover Damages: Being more than 50% at fault bars you from receiving compensation.
• The Amount You Receive: Your compensation decreases proportionally to your percentage of fault.

The Role of an Attorney

An experienced personal injury attorney can:

• Minimize Your Assigned Fault: Present evidence and arguments to reduce your percentage of responsibility.
• Maximize Compensation: Ensure all your damages are accounted for, including medical bills, lost wages, and pain and suffering.
• Navigate Legal Complexities: Handle negotiations with insurance companies and represent you in court if necessary.

Steps to Take If You've Been Injured

1. Seek Medical Attention: Prioritize your health by getting prompt medical care.
2. Document Everything: Keep records of medical treatments, expenses, and any communication related to the accident.
3. Consult an Attorney: Get legal advice to understand your rights and options.
4. Avoid Discussing the Case Publicly: Don't share details on social media or with parties other than your attorney.