How to Prove Fault in an Oregon Accident

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Drivers on the road owe each other a duty of care, as well as a duty of care to pedestrians. Driving requires an understanding between all parties that you are driving with full safety consideration and responsibility, and are following the rules of the road. This duty of care doesn’t only extend to drivers and pedestrians, it also pertains to car manufacturers, car mechanics, and the governmental bodies that maintain roads. Car accidents are a terrifying thing to go through, but if you were not responsible for the accident, it’s reasonable for your health and safety to seek compensation from those who were.

Oregon Car Accident Laws

Oregon follows the fault system in connection to car crashes. This means that whoever is at fault, or responsible for the accident, is also responsible for the harm caused. The responsible party has to pay damages for the injuries and damage caused.

Because of this, it’s very important to be able to prove liability in an accident and is part of the reason car insurance in Oregon is required. The victim of an accident can pursue a claim against the person at fault for those damages, but, sometimes, proving fault can be harder than it might initially seem.

When seeking compensation for damages from an accident, Oregonians can either attempt to resolved the claim with the insurance company without pursuing litigation, or they can file a lawsuit against the at-fault party and go to trial.

What You Can Do to Prove Fault

There are some steps you can take to help your case when proving fault. Firstly, you have to have sustained damages to property or injuries to self in order to receive compensation. If there were no damages, there is no claim. Any evidence or proof of negligence on the other party will assist a liability claim. See our post on liability to learn more about specific evidence of negligence you should secure from an accident scene to support your claim.

If you are in need of an experienced lawyer to help you prove fault or defend yourself against fault, contact the office of Shlesinger & deVilleneuve now to learn about what we can do for you.


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