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What If Both The Drivers Are At Fault In A Car Accident?

October 11, 2021

Have you been involved in a car accident in Oregon where both drivers were found to be at fault? Here’s what happens next.

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Nobody likes to get into a car accident. From fender benders in the parking lot to real accidents where real people get hurt, sometimes it takes two to make a real mess of an incident. In cases where both drivers are found to be at fault for their mistakes, the law enters into a specific set of rules made to match those consequences.

Let’s explore some of those consequences and find out what it might mean for all you poor drivers who have been in an accident.

The types of traffic accidents where both parties might be at fault

What sort of traffic accident might both parties be blamed for? Actually, there are several of them. Oregon has clearly defined laws on who is apportioned blame for what occurrence so everyone can be on the same page. Here are some of the common traffic accidents in Oregon and Portland wherein both parties are commonly to blame:

  • Construction zone collisions – big trucks mean big accidents.
  • Distracted drivers – if a driver is using the phone, they might crash.
  • Dram shop claims, where a drunk driver might not be fully at fault, the owner of the store that let him drink and drive may be to blame.
  • Head-on collisions often happen on main roads when drivers are speeding.
  • Intersection collisions might be a fifty-fifty split.
  • Ridesharing accidents where there is more than one driver to blame.

And many other types of accidents can occur that see more than one person blamed.

What to do when both drivers were found at fault?

According to the experts at Johnston Law Firm, you should argue your case if the other party is at fault. Oregon law states that you may recover all or some of your losses, even if you are one of the parties to blame for an accident. You will not be able to recover the full number of damages, but this law protects you from things like drunk drivers, overly aggressive drivers, and those driving without a license or insurance.

In Oregon, a judge will examine all the evidence of your case and will apportion blame to both parties. It may be that your blame is 0%, it may be that your percentage of the blame is 100%. As long as your percentage is less than 50%, you shouldn’t have any trouble claiming compensation for your accident. Nevertheless, we would always advise you to hire a specialist lawyer so that you are protected.

When to Hire My Lawyer?

Hire a road traffic accident lawyer as soon as the accident happens. They will gather evidence on your behalf and talk you through the steps you need to take to prove that you were not to blame. The sooner you hire a lawyer, the better the outcome of your case is likely to be. They have the knowledge and wisdom of experience to draw from. Don’t take it for granted.

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About Me

Hello all!!!! I'm Darcy and I recently started writing on My Zeo about health and fitness (and part of that important health equation is sleep!). As we are all super busy with life, I try to integrate how to stay fit, relax and be healthy and happy through everyday life.

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