Understanding Oregon’s Modified Comparative Negligence in Portland Claims

You’ve been hit by a car, suffered a slip and fall, or been involved in another type of accident in Oregon. In the back of your mind, you’re rerunning the incident, wondering if you played any role in what happened—and if so, if that prevents you from recovering any compensation.

Oregon’s modified comparative negligence laws aim to be fair to both victims and at-fault parties, allowing victims with some role in their injuries to recover compensation—up to a certain point. Learn more about Oregon’s modified comparative negligence law, and to find out how it may affect your Portland claim, call Philbrook Law, Accident and Injury Lawyers.

What is modified comparative negligence in Oregon?

Per Oregon Revised Statutes 31.600, a plaintiff’s contribution to their own accident or injuries does not automatically bar them from receiving compensation. Instead, victims can still receive compensation as long as they are 50% or less at fault. But once you are found to be more than 50% at fault, your claim is barred.

In addition, a plaintiff’s compensation is reduced proportionately to their fault. Consider a car accident in which you sustain $100,000 of losses. If you are 0% at fault, you would receive $100,000. If you were 50% at fault, you would receive $50,000. If you were 51% at fault, you would receive nothing.

The goal of this modified comparative negligence rule is to provide a fair resolution to victims who are partially at fault but still have damages to cover. It prevents people from financially benefiting from an accident that they primarily caused, while still ensuring that they aren’t left with nothing if they are less than 50% to blame.

How fault is determined in Portland claims

Assigning fault is not a cut-and-dry science. It’s more of an art, with Portland lawyers, insurance adjusters, and police determining fault based on a wide range of evidence types:

• Police reports: Police reports typically include an overview of the scene of a car crash, providing insight into what happened and whose negligence led to the collision.
• Traffic cameras and business surveillance: These types of evidence are useful in car accident claims. In premises liability claims, business surveillance cameras and outdoor security cameras may be used to figure out what happened and who’s to blame.
• Witness testimony: Eyewitnesses play a critical role in many Portland personal injury claims. The more perspectives an attorney or insurance adjuster has, the easier it is to piece together what really happened.
• Accident reconstruction: Accident reconstruction is used in car accident claims to interpret evidence and create a timeline of events. It’s often used in accidents where fault isn’t clear and each party’s version of events is different.

Real-world examples

How does this play out in real life? Let’s consider a few examples:

• Car accident at a busy intersection: You’re driving through SE 12th and Morrison when another driver runs a red light and crashes into you. However, insurance pulls your phone records and finds out that you were texting at the time of the crash. This means that the fault is split. They ultimately determined that the other driver was 70% at fault and you were 30% at fault. Your $15,000 in damages is reduced 30% to $10,5
• Slip and fall in a store: A customer slips and falls at a Safeway in Portland. The floor had recently been mopped, and staff members had forgotten to put up a Wet Floor sign. However, after looking through surveillance footage, they find that the customer was distracted by their phone and would have noticed the wet floor if they had been paying attention. They are found to be 10% at fault, and the store pays out $9,000 of their $10,000 in damages.
• Bicycle accident in downtown Portland: A motorist opens their car door into a bike lane, injuring a cyclist in Portland’s busy downtown area. The driver might be completely to blame because they opened their car door into a traffic lane. However, some circumstances, like if the bicyclist was riding against traffic, could make them partially to blame.

Impact of fault on your compensation

In theory, having compensation reduced proportionate to your share of blame just sounds practical—of course, you wouldn’t be compensated for damage you caused, right? But in reality, this breakdown of fault is another way that insurance companies fight to avoid paying out more than they need to. Consider the fact that they already try to drive down the value of your claim by downplaying pain and suffering, leaving out certain expenses, and discrediting evidence. Then, once the value of your claim is determined, they further try to reduce what they pay you by driving up your share of blame. Insurance companies will fight for every share of liability they can to lower their payout. Imagine a serious accident resulting in $200,000 worth of damage to your property and person. If insurance pushes and twists evidence to get you 20% at fault, that’s $40,000 less they pay you. That’s barely a drop in the bucket for the insurance company, but it could mean the difference between getting the adaptive equipment you need at home or not.

This is why it’s so important to work with a Portland personal injury lawyer who can advocate for you aggressively throughout this process. The insurance company’s legal team will absolutely be fighting for them—you deserve an attorney who can push back and demand what you are owed.

Start your personal injury claim with Philbrook Law, Accident and Injury Lawyers

From our Portland office, we fight to help our clients get the compensation they rightfully deserve. Set up a consultation now by contacting us online or calling us today.