2-car crash reported at Barger and Beltline in West Eugene, Oregon

How does the Oregon law determine who is at fault?  In Oregon both parties can be responsible for the accident and still recover damages from the other party.  Oregon compares the fault of each party involved in the accident. This is known as "Comparable Fault or Comparable Negligence."  Oregon uses 51% to determine fault and damages.   If your fault was grater than 50% you would not be entitled to recovery any damages from the other party.  The percentage of your fault reduces your damages by your percentage of fault.  For example if you were 25% at fault for the accident and the other party was 75% then your damages would be reduced by 25%.  The party at 75% would not recover any damages because their fault was greater than 50%. In some circumstances both parties can be at fault and the issue becomes what percentage each motorist contributed to the accident. The percentage of fault for the accident determines two things.  It determines who was at fault and how much the damages will be reduced for the at fault motorist.  Any motorist whose negligence percentage is over 50% will not be entitled to any damages.  If both parties were 50% at fault then each party would be entitled to collect 50% of their damages from the other at fault party.  In summary comparative negligence provides that the amount of damages you are entitled to receive will be reduced by an amount of your percentage of fault.  If your percentage is more than 50% you are not entitled to any damages. ORS 31.600 (1) is the statute concerning comparative negligence in Oregon.  This rule also applies when there are multiple motorists involved in an accident.  Each party’s negligence is compared to determine fault and damages.  Why is this the law in Oregon?  The law prior to “Comparative Negligence” was “Contributory Negligence”.  Contributory Negligence provided that if any party was 1% at fault then that party would not be entitled to any damages.  This law was very unfair because the law used a 1% standard, which prevented the victim from recovering damages for being only 1% at fault.  The Oregon Legislature repealed Contributory Negligence and adopted Comparative Negligence as the standard in 1971.   In another article I will explain the State of Washington’s law of comparative negligence, which is more liberal than Oregon’s law.  Phone me if you have any questions, 800-347-4269. I have been an Oregon Attorney for 45 years.  I am the Oregon and Southwest Washington Sponsor for Accident Data Center.  Raymond Bradley OSB# 700193.