December 12, 2017

The Duty of Care, Modified Comparative Fault, and Auto Accidents

“Duty of care” refers to the responsibility of the parties in an auto accident have to observe all applicable laws. Drivers must obey the speed limit, road signs and signals, and stop at all crosswalks, for example. Pedestrians must use crosswalks, obey walk/don’t walk signals, and take care not to dash recklessly into traffic. In a personal injury case, the jury will assess how well each party observed the duty of care, and assign fault in accord with the laws in this state.

In a modified comparative fault state like Oregon, the jury assigns fault to all relevant parties as a percentage. You can recover damages as a claimant as long as your fault does not exceed 51 percent. In other states, these types of cases may be decided in a more all-or-nothing way. Seek out an experienced Oregon personal injury attorney, one who understands the system, and how to help people like you. Your health and peace of mind are too important to go it alone.

It is important to hire a personal injury attorney if you have been injured in an auto accident as a driver, or as a pedestrian. The statute of limitations in the state of Oregon for personal injury is two years. The longer you wait, the more challenging it will be to be made whole. There are many personal injury lawyers out there, but not all of them have your best interests in mind. You want to hire someone who will give you an honest assessment of your case, and let you know if you can recover financially something of what the accident has taken away. At Johnson Law, we’ve been handling these types of cases for a long time. We would be happy to give you a free consultation if you have been injured in an accident. Call today for an appointment.

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