How Does a Jury Assign Fault?

How Does a Jury Assign Fault?

When your case goes to trial, the jury doesn’t just say who’s right—they assign blame by percentage. Oregon uses a system called comparative negligence. It’s all about how much fault each side shares.

Jury Fault Assignment – Fast Breakdown

• ✅ Juries decide who was careless—and how much
• 📊 They assign percentages of fault (like 80/20 or 60/40)
• 🚫 If you’re 51% or more at fault, you can’t recover anything
• 💸 If you’re 50% or less at fault, your payout gets reduced by that amount

Example: You’re found 30% at fault in a $100,000 case → you’d get $70,000.

Table of Contents

How Juries Assign Fault in Oregon Injury Cases

When a personal injury case goes to trial, the jury plays a central role in deciding who is to blame—and by how much. But they don’t just pick a winner. In Oregon, juries assign percentages of fault to each party based on what happened, and that has a direct impact on how much money, if any, a person can recover.

How Juries Make That Decision

There’s no fixed formula for assigning fault. Juries use judgment and evidence. Here’s what they actually look at:

• Actions of Each Party: Did someone run a light, speed, tailgate, or fail to yield? What did each person do (or fail to do) leading up to the accident?
• Witness Testimonies: What did people who saw the crash say happened?
• Expert Opinions: Crash reconstructionists, doctors, and other experts explain how and why the injuries occurred.
• Relevant Laws: Were traffic laws broken? Were safety rules ignored?
• Common Sense & Experience: Juries are made up of regular people. Even with instructions, they often use their own logic—and sometimes assign fault in unexpected ways.

Each juror weighs the facts and decides how much blame each side deserves. Then the court averages those decisions into a final percentage.

Oregon’s Fault Rules: Modified Comparative Negligence

Oregon follows a system called modified comparative negligence. Translation: you can still recover compensation as long as you’re not more than 50% at fault.

• You can only collect damages if you are 50% or less at fault.
• Your total award gets reduced by your percentage of fault.

Real-World Example 1: Equal Fault (50/50)

• Two drivers crash at a four-way stop.
• Jury finds both were equally careless.
• Result: Neither one can collect from the other.

Real-World Example 2: Partial Fault (Plaintiff Less Than 51%)

• Driver A runs a red light. Driver B was texting but had the green.
• Jury says Driver A is 80% at fault, Driver B is 20% at fault.
• Total damages are $100,000.
• Result: Driver B still gets $80,000 ($100,000 minus 20%).

Visual Guide: Fault Percentage vs. Compensation

Why This Matters

How fault is assigned affects:

• Whether you can get compensated at all (51% or more at fault = nothing)
• How much you receive (award gets reduced by your fault percentage)

This is why getting even 5–10% less blame can mean thousands more in your pocket.

The Role of Your Attorney

Juries don’t assign fault in a vacuum. How your case is presented matters. A skilled attorney can:

• Minimize your share of the blame by telling your story clearly and persuasively
• Discredit the other side’s narrative with cross-examination and evidence
• Use expert testimony to back up your version of events
• Push back against insurance tactics trying to pin fault on you unfairly

Insurance companies know that small changes in fault percentages can massively affect payouts. So does your lawyer.

At Johnson Law, P.C., we’ve handled hundreds of disputed fault cases and will position your case for the best possible outcome we can. We don't get paid unless we win!

If You’ve Been Injured, Here’s What to Do Now

• Get medical care immediately. Your health comes first—and delays hurt your case.
• Document everything. Take photos, keep bills, save texts/emails.
• Don’t talk to the other party’s insurance without legal advice.
• Call a lawyer early. Don’t wait to protect your rights.

FAQ: Fault and Personal Injury Cases in Oregon

Can I still sue if I was partly at fault?
Yes—if you were 50% or less at fault, you can still recover damages (reduced by your fault share).

What if both drivers were at fault?
Oregon allows split fault. The jury will assign percentages. As long as you’re not more than 50% at fault, you can still recover.

Does the jury decide the exact fault percentage?
Yes. Jurors evaluate all the evidence and agree on a percentage split between the parties.

Can insurance companies assign fault before trial?
Yes, they often do—but their version isn’t final. If your case goes to trial, the jury’s decision overrides any insurer assessment.

Bottom Line

In Oregon, juries assign fault based on facts, expert input, and gut-level judgment. If you’re found 50% or less at fault, you can recover damages—just less than full. If they think you're more than 50% to blame, you get nothing.

Every percent matters. Let’s make sure your side is told right.

Contact Johnson Law, P.C. for a free consultation.