After a car accident, one of the most critical questions that must be answered is: Who was at fault? Determining fault isn’t just about assigning blame; it directly affects insurance claims, compensation for damages, and even legal outcomes. In Oregon, where we practice, fault plays a significant role in how damages are awarded and which party is liable for costs.
At Dawson Law Group, our experienced car accident attorneys guide clients through the complexities of Oregon’s fault-based system. In this guide, we’ll explain the most important elements that help determine fault, what evidence plays a role, and what steps you should take if you’ve been involved in a collision.
Understanding Fault-Based Insurance Systems
Most states in the U.S., including Oregon where our attorneys practice, follow a fault-based (or tort) system. In these states, the driver who caused the accident is typically responsible for the resulting damages. This means that if you’ve been injured, your ability to recover compensation hinges on proving the other party’s negligence or misconduct. Oregon, for instance, applies a modified comparative negligence rule, where compensation may be reduced based on your level of fault, provided you are less than 51% responsible. Other states may use similar or slightly different standards.
Key Factors in Determining Fault
- Police Reports: A responding officer’s report often includes their opinion on fault based on observations, witness statements, and traffic law violations.
- Traffic Laws: Violations like running a red light, failing to yield, or speeding are strong indicators of fault.
- Physical Evidence: Skid marks, vehicle damage, road conditions, and video footage can paint a picture of how the crash occurred.
- Eyewitness Testimony: Independent witnesses can be powerful sources in clarifying who did what, and when.
- Admissions of Fault: Statements made at the scene can be used later, even if said in passing, such as “I didn’t see you coming!”
Role of Insurance Companies
Insurance adjusters will conduct their own investigation into the accident, which may include speaking with witnesses, reviewing photos, and examining the police report. However, it’s essential to remember that their primary goal is to limit the company’s financial exposure. An experienced attorney can advocate for your best interests and challenge inaccurate findings.
Through diligent investigation and expert testimony, we proved another driver’s negligence, resulting in a favorable settlement for our client.
Comparative Negligence and Shared Fault
Many states apply some form of comparative negligence when determining fault in a car accident. This rule allows injured parties to recover compensation even if they were partially at fault—though the amount may be reduced by their percentage of responsibility. For instance, in Oregon, if you’re 20% at fault for a crash and awarded $100,000, you would receive $80,000. If you’re found to be 51% or more at fault, you cannot recover damages. Other states may follow different thresholds or apply a pure comparative negligence rule where even a party 99% at fault could recover 1% of damages.
Why Legal Help Matters
Insurance companies and opposing parties may attempt to shift fault to minimize payouts. Legal support is crucial in gathering evidence, working with accident reconstructionists, and negotiating fair compensation. Our Portland car accident lawyers at Dawson Law Group have a track record of defending the injured and holding at-fault parties accountable.
Best Practices After an Accident
- Call the police and request a written accident report.
- Exchange information with all involved drivers, but avoid admitting fault.
- Take photographs of the scene, vehicles, and any injuries.
- Seek medical attention even if injuries seem minor.
- Consult an experienced personal injury attorney as soon as possible.
Common Misconceptions About Fault
Many people believe that fault is always clear-cut—but that’s rarely the case. For example, rear-end collisions are often assumed to be the rear driver’s fault, but there are scenarios where the front driver may share blame (e.g., suddenly stopping with no reason). Another misconception is that a traffic citation automatically determines fault, which is not always true in civil cases.
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Determining fault after a car accident involves legal, factual, and procedural complexities. Whether you’re navigating an insurance claim or preparing for litigation, having a trusted legal advocate ensures your rights are protected. Fault impacts everything from financial recovery to long-term well-being: don’t leave your future to chance.
About the Lawyers: Bryan Dawson and Ben Larson lead the team at Dawson Law Group, bringing decades of experience in complex personal injury cases. Known for their aggressive representation and compassionate client care, they’ve helped countless Oregon families recover from serious auto accidents. Learn more about their history and approach here.