If you were hurt in a crash in Oregon and think you might share some of the blame, you are not alone. Many collisions involve split-second decisions, unclear road conditions, or multiple drivers making mistakes. The good news is that Oregon law often still allows injured people to recover compensation even when they were partly at fault. The amount you can recover will depend on how fault is assigned and proven.
Oregon uses a modified comparative negligence rule
Under Oregon’s modified comparative negligence system, you can pursue compensation as long as your share of fault is not greater than the combined fault of the other parties. In plain English, you can recover if you are 50 percent or less at fault. Your damages are reduced by your percentage of fault. This rule is set out in Oregon’s comparative negligence statute, ORS 31.600.
Here is what that looks like in practice:
- If a jury finds your total damages are $100,000 and determines you were 10 percent at fault, your award would be reduced by 10 percent. You would receive $90,000.
- If you are found 50 percent at fault, you can still recover 50 percent of your damages.
- If you are found 51 percent at fault or more, you cannot recover from the other driver under this rule.
How fault is determined after a crash
Fault is usually decided by an insurance adjuster during claims negotiations or by a judge or jury if your case goes to trial. Evidence matters. The side that documents the facts more thoroughly is usually in the stronger position to influence the percentage of fault assigned.
Evidence that helps clarify fault
- Police reports, traffic citations, and collision diagrams
- Photographs and video from the scene, nearby businesses, or dashcams
- ECU or telematics data from vehicles when available
- Witness statements and your own contemporaneous notes
- Accident reconstruction and expert analysis when needed
Because percentages of fault directly reduce your recovery, insurers often argue that an injured person is more responsible than they are. An experienced attorney can push back, gather the right proof, and present a clear narrative grounded in Oregon law and the facts.
Common scenarios where both drivers share blame
- Rear-end collisions with sudden stops. The trailing driver is often primarily responsible, but the lead driver can bear a share of fault if brake lights were out or a sudden, unsafe lane change occurred.
- Left-turn crashes. The turning driver usually has to yield, but comparative fault may apply if the oncoming vehicle was speeding or ran a light.
- Multi-vehicle pileups. Several drivers may be assigned partial responsibility depending on following distance, speed, and reaction time.
- Adverse weather. Everyone still has a duty to drive at a safe speed for conditions. If multiple drivers fail to adjust, fault may be shared.
What damages can still be recovered when you share fault
If you qualify under Oregon’s rule, you can pursue compensation for both economic and noneconomic losses. These can include medical bills, future medical needs, lost wages, diminished earning capacity, property damage, pain and suffering, and loss of enjoyment of life. Your total damages are calculated first, then reduced by your percentage of fault.
Deadlines and special notice rules you should know
Most Oregon personal injury claims, including car accidents, must be filed within two years of the injury. This deadline appears in ORS 12.110. Some claims have additional timing rules. For example, when a public body is involved, you generally must give an early written notice of claim. The public body notice requirements are in the Oregon Tort Claims Act, ORS 30.260 to 30.300. Missing a deadline or notice requirement can severely limit your rights, so it is smart to speak with a lawyer promptly.
How to strengthen a partly at fault claim
1. Seek medical care and follow through
Gaps in treatment are often used to argue that your injuries are minor or unrelated. Consistent medical documentation connects your symptoms to the crash and helps counter any suggestion that you caused most of your own harm.
2. Preserve every piece of evidence
Save photos, videos, damaged items, repair estimates, and correspondence with insurers. Keep a running log of pain levels, mobility limits, missed work, and activities you can no longer do. This creates a clear record of your losses that can be matched to medical records and expert opinions.
3. Be careful with statements
It is fine to report basic facts to your insurer, but broad statements like “I’m sorry” or speculative comments about speed, visibility, or right of way can be taken out of context. Consider having an attorney handle communications with the other driver’s insurer to avoid accidental admissions.
4. Do not assume the insurer’s percentage is final
An insurance adjuster’s assignment of fault is not the last word. If the number seems off, your lawyer can present additional proof and negotiate for a fairer allocation or take the case to court if needed.
FAQs about being partly at fault in Oregon
Can I recover if I was 20 percent at fault?
Yes. If your damages are $50,000 and you are 20 percent at fault, the most you could recover is $40,000, assuming no other legal issues. That reduction reflects your share of responsibility under Oregon’s comparative negligence rule in ORS 31.600.
What if I am 50 percent at fault?
You can still recover, but only 50 percent of your damages. The bar applies once your fault is greater than the combined fault of others.
Do these rules apply to uninsured or hit and run situations?
They often do, but the process may involve your own UM or UIM coverage. Those claims have policy deadlines and sometimes arbitration requirements. Talk with a lawyer quickly so you do not miss critical steps. For background on required policy terms in Oregon, see the uninsured motorist provisions in the insurance code at ORS 742.504.
What if a city, county, or state vehicle was involved?
Claims involving public bodies require early written notice and have unique damage caps. Review the Oregon Tort Claims Act sections at ORS 30.260 to 30.300 and speak with counsel as soon as possible.
Why hiring a local Portland car accident lawyer helps
When partial fault is an issue, the details are everything. A Portland-based attorney will know how local insurers evaluate comparative negligence, which intersections generate recurring disputes, and which forms of evidence tend to move the needle with Multnomah County juries. Your lawyer can investigate quickly, secure videos before they are overwritten, interview witnesses, work with reconstruction experts, and build a case that fairly assigns responsibility rather than letting an insurer overstate your share of fault.
How Dawson Law Group handles comparative fault cases
At Dawson Law Group, we have helped many clients recover compensation even when an insurer initially tried to place most of the blame on them. Our approach is practical and evidence driven.
- Early investigation. We track down video, data, and witnesses that can shift the narrative in your favor.
- Clear damages proof. We document medical care, lost income, and day to day impacts so the reduction for fault does not unfairly erase your recovery.
- Negotiation and trial readiness. By preparing every case as if it may go to trial, we position you for a fair settlement or a compelling day in court.
Want to learn more about our approach to crash cases in Portland and throughout Oregon? Visit our car accident lawyer page for an overview of our services and results.
Next steps if you think you were partly at fault
- Do not guess your percentage. Fault is a legal determination that changes as evidence is developed.
- Get medical care immediately. Prompt, consistent treatment protects your health and your claim.
- Gather and preserve evidence. Photograph vehicles, the scene, and your injuries. Save repair estimates and receipts.
- Avoid social media posts about the crash. Innocent comments can be misinterpreted.
- Speak with a lawyer quickly. Early guidance can prevent avoidable mistakes and help you meet deadlines.
For additional reading on deadlines and coverage issues that often intersect with comparative fault, you might find these helpful:
- How long do I have to file a car accident lawsuit in Oregon?
- What if the other driver does not have insurance in Oregon?
Free consultation with Dawson Law Group
If you were hurt in a crash and think you might share part of the blame, you still have options. The sooner you get answers, the sooner you can protect your rights and start moving forward. Contact Dawson Law Group for a free consultation. We will review the facts, explain how Oregon’s comparative negligence rules apply, and outline a plan to pursue the strongest possible recovery.
Sources and helpful references
- Oregon Revised Statutes, Chapter 31, including ORS 31.600 (Comparative Negligence)
- Oregon Revised Statutes, Chapter 12, including ORS 12.110 (Two year limitation for most personal injury claims)
- Oregon Tort Claims Act, ORS 30.260 to 30.300 (Notice requirements and limitations when public bodies are involved)
- ORS 742.504 (Required provisions of uninsured motorist coverage)
About Dawson Law Group
Dawson Law Group represents injured people in Portland and throughout Oregon in car, truck, motorcycle, and pedestrian accidents. To learn more about how we can help after a crash, start here: Car Accident Lawyer Portland.