Oregon Trucking Accident Lawyers Explain Comparative Fault: If a Victim was Partially at Fault for a Truck Accident
There are many possible causes for Oregon trucking accidents. This includes a truck driver speeding, driving while fatigued, aggressive driving, failing to yield or stop, and many other common causes. Another common cause could actually be the victim partially at fault for a truck accident. This is not always an issue in a trucking accident, and most times a truck driver, trucking company, or insurance company will blame the victim for causing the accident. Our Oregon trucking accident lawyers know that most trucking accidents are caused by the reckless or careless acts of a truck driver. For a defendant to blame a victim is simply not acceptable.
However, sometimes the actions of a reckless, careless, or negligent truck driver may cause you to have to take evasive actions or unconventional maneuvers in your motor vehicle. After an accident, this may look like you also contributed to or caused and accident given the on orthodox position of your vehicle or movements of your vehicle. This is because a trucking accident happens so fast and natural instincts respond, which sometimes means that a victim cannot follow the exact rule of law for traffic safety. Above all else, a victim needs to protect his or her life, and the life of the victim’s occupants in the motor vehicle which usually are other family members including children. Thus, it is a sad truth how truck drivers can shift at least some blame on the victim.
Oregon is a Modified Comparative Negligence State
Oregon Law section 31.600 sets forth how a victim who was comparatively at fault may be able to collect for an Oregon trucking accident causing serious or catastrophic personal injuries. Oregon is a modified comparative fault state. Generally, this means that a victim may recover what ever is awarded to him or her minus the percentage of fault he or she has for causing the subject trucking accident.
For example, if a victim recovers $200,000 for a trucking accident and was 10% at fault, that victim while have his or her award reduced by 10%, or $20,000. This means that the victim will only be able to recover $180,000.
However, the amount of faults is not limitless. Therefore, if a person is more than half at fault for a trucking accident, he or she may be barred from collecting any recovery. This means that a victim who was 51% or more at fault for a trucking accident may be completely barred from recovering any money to pay for catastrophic injuries if a truck driver for trucking company is found to be less than 49% at fault.
This is why it is always imperative to have Oregon trucking accident lawyers represent you and your family. Truck drivers and trucking companies will try to pass as much blame as they can onto you, the victim, in an effort to prove that you were more than 51% at fault for the Oregon trucking accident. This is because truck drivers and trucking companies snow at Oregon has this modified comparative fault law, which other states have but many other major trucking states do not have such as New York, Florida, California, and New Mexico.
Ask Our Oregon Trucking Accidents Lawyers to Help You if You May be Partially At Fault
If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form. We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.
Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton, Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles, St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.
We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.
Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.
