How Comparative Fault Works in Oregon
Comparative fault in Oregon determines how responsibility is shared when more than one party contributes to an accident. Oregon law allows injured people to recover compensation as long as they are not more than 50 percent at fault.
In Oregon, fault can be assigned to drivers, property owners, pedestrians, or other parties depending on the circumstances of the incident.
Oregon’s modified comparative fault rule
Oregon follows a modified comparative fault system. An injured person may recover compensation only if they are 50 percent or less at fault for the accident.
If a person is found to be more than 50 percent responsible, they are barred from recovering damages under Oregon law.
How fault percentages affect compensation
When an injured person is partially at fault, any compensation awarded is typically reduced by their percentage of responsibility.
For example, if a person is found to be 20 percent at fault, any damages awarded would generally be reduced by 20 percent.
Comparative fault in personal injury cases
Comparative fault is commonly raised in Oregon personal injury cases involving car accidents, pedestrian incidents, bicycle crashes, and premises liability claims.
Insurance companies often dispute fault percentages as part of claim negotiations.
Time limits still apply to comparative fault claims
Even when fault is disputed, Oregon’s statute of limitations still applies. Most personal injury lawsuits must be filed within two years under Oregon Revised Statutes § 12.110.