People often ask us if they were involved in an accident and they bear some responsibility, can they still recover money for their injuries and damages? The short answer in Oregon is yes, but it comes with an important rule that every injured person needs to understand clearly.

Oregon follows what is called a “modified comparative negligence” system. That means if you are partially at fault for your own injuries, the amount you can recover is reduced by your percentage of fault. At the same time, if a jury or insurance company decides you were more than 50 percent at fault, you recover nothing at all.

How the Rule Actually Works in Real Life

Let me give you a clear example. Suppose you have a $100,000 claim for medical bills, lost wages, and pain and suffering after a car accident. If the evidence shows you were 20 percent at fault, the other side is responsible for the remaining 80 percent. In that situation, you would still recover $80,000. The reduction is straightforward and directly tied to the percentage assigned to you.

The critical line in Oregon is the 50 percent mark. Unlike some states where you can still recover a portion of your damages even if you were 75 or 80 percent at fault, Oregon draws a hard line. Cross that line, and your claim is wiped out. That is why it is so important to have an experienced Oregon personal injury team on your side from the very beginning.

Insurance companies know this rule well. They work hard to push your percentage of fault as high as they can, oftentimes unfairly. Their goal is simple. The higher they can make your percentage of fault, the less they have to pay. In most cases, they try to push it to over 50 percent so that they owe you nothing.

A Common Real-World Example We See Often

Here is a situation we handle regularly. Imagine a sidewalk in front of a business that is horribly uneven, cracked, and out of code. The city code requires property owners to maintain safe walkways, yet this one has been neglected for years. The defect sits in the shade of a tree, making it even harder to see. A person walking to work steps on the uneven section, trips, and suffers serious injuries. At the same time, that person was looking down at their phone and not paying attention to the ground in front of them.

In a case like this, both sides likely share some responsibility. The property owner failed to keep the sidewalk safe as required by law. The injured person was not watching where they were going. A lot of law firms would look at that shared fault and walk away from the case. We do not.

We take these cases when we believe a jury would find our client was not more than 50 percent at fault. Our approach is deliberate and thorough. We immediately lock down the evidence. We photograph the defect from every angle and at different times of day. We measure the height difference and compare it to city code requirements. We locate witnesses who saw the condition of the sidewalk before the fall. We obtain maintenance records and prior complaints about that exact location. At the same time, we carefully document our clients’ injuries, medical treatment, and the real impact on their lives and work.

We then build a clear, honest story about what happened. We do not hide the fact that our client was looking at their phone. Instead, we put that fact in context and show that the primary cause of the injury was the dangerous condition the property owner allowed to exist. When we present the case this way, insurance companies and juries can see the full picture. Time after time, we have been able to reach strong settlements even when some degree of fault was shared.

How Insurance Companies Try to Use This Rule Against You

Insurance companies and their lawyers look for any way to argue that you were distracted - that you didn’t look both ways sufficiently while driving your car; that you failed to see an open and obvious condition because you were walking while looking at your phone; or that you somehow otherwise contributed to the crash or the fall. They know that every percentage point they can assign to you reduces what they pay. They also know that if they can push you just over 50 percent, they pay nothing.

This is why early investigation matters so much. Evidence disappears quickly. Witness memories fade. Property owners fix hazards. The sooner we can document the scene, gather statements, and understand exactly what happened, the stronger we can keep your percentage of fault fair and reasonable.

What We Do Differently in These Cases

At Dwyer Williams Cherkoss, we have a regimented approach to these matters. We do not guess about fault percentages. We investigate until we understand exactly what the evidence will show. We bring in experts when needed, whether that is an engineer to explain why a sidewalk or roadway was dangerous, a safety specialist to discuss reasonable expectations for drivers or pedestrians, or a human factors expert that can use science to prove how a reasonable person would react under the circumstances.

We prepare every case as if it might go to trial, even when we expect it to settle. That preparation gives us massive leverage in negotiations. When an insurance company sees that we have locked in the evidence and built a clear story, they are much more likely to offer fair value instead of trying to push your fault percentage higher so that they can offer you pennies on the dollar.

We have seen great success with these cases. Many of them settle for large amounts because we refuse to let the insurance company unfairly shift blame onto our client.  And if the insurance company can’t face reality, then you have an entire trial team willing to take your case to trial and let a jury of your peers set the record straight.

What You Should Do If You Think You Might Be Partially at Fault

If you were injured in Oregon and someone is suggesting you were partially at fault, here is what you should do right away:

• Focus on your medical care first. Get the treatment you need and follow your doctor’s orders.
• Avoid giving any recorded statement to an insurance company until you have spoken with an attorney. Adjusters are trained to ask questions that can be used later to assign fault to you.
• Document everything. Take photos of the scene if it is safe to do so, save all receipts, and keep a simple daily note of how your injuries are affecting your life.
• Reach out to a firm that knows how to handle shared-fault cases in Oregon. Not every lawyer is willing to take these matters on, and not every lawyer knows how to fight them effectively.

Why Choosing the Right Firm Matters So Much

Being partially at fault does not automatically end your right to compensation in Oregon. The law allows you to recover a reduced amount as long as your share of fault stays at or below 50 percent. The challenge is making sure that the percentage is set fairly and that every dollar you deserve is protected.

That is where experience and preparation make all the difference. At Dwyer Williams Cherkoss, we have spent decades handling personal injury claims across Oregon. We know how insurance companies think and operate, and we know how to counter their attempts to minimize what you recover. Indeed, our team has recovered more than $50 million for injured clients in just the past three years alone, with a 98 percent success rate.

We take pride in standing with people when the facts are complicated and when other firms might hesitate.

Contact Us Today

If you or someone you love has been injured in an accident in Oregon and fault is being disputed, we are here to help. We will listen to your story, investigate thoroughly, and fight to protect the full value of your claim. You do not have to navigate this alone.

Contact Dwyer Williams Cherkoss Attorneys today for a free, no-obligation consultation. With offices in Bend, Eugene, Medford, Grants Pass, Roseburg, and Portland, we are ready to stand by your side and help you move forward.