The Accident is Partly My Fault; Do I Still Have a Claim?
September 1, 2013
Oregon is one of several states using the 51 percent proportional comparative fault recovery analysis to determine which driver involved in a car accident is at fault. This simply means that in order for you to file a claim or lawsuit against the other driver, you must be less than 51 percent at fault.
A good example would be a driver, who is traveling at a speed higher than the posted speed limit, crashes into another driver’s vehicle when he turns in front of him. While the other driver is partially at fault for turning in front of the speeding vehicle because he should have waited for the car to pass, the driver who was speeding would most likely be considered at least 51 percent at fault due to his excessive speed. Thus, the speeding driver, according to Oregon law, would not be allowed to file a claim or lawsuit against the driver who turned in front of him.
Insurance Companies, Rear-End Collisions and Personal Injury
It is surprising to many people that even in accidents involving a rear-end collision, many car insurance companies will attempt to place some percentage of the fault on the driver who was rear-ended, in order to reduce their financial obligation.
OR Personal Injury Lawyer
If you are involved in a car accident, contact the personal injury lawyers at Savage Law Firm before you agree to sign any insurance documents releasing the other party’s insurance company from paying damages. While you may clearly believe you do not have a claim, our lawyers may be able to assist you in obtaining financial coverage for any injuries you, and/or your passengers sustained, and help you recover financial damage to your vehicle.
Contact Savage Law today for a free consultation, and let us help you determine if you have a claim after an accident that is partly your fault.