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Portland Personal Injury Attorney

Motorcycle accidents can lead to severe injuries, and understanding how Oregon laws impact your injury claim is crucial for obtaining fair compensation. This blog post will explore the concept of comparative negligence, a key factor in Oregon's personal injury laws that can significantly affect the outcome of your motorcycle accident injury claim. We will also provide tips on how to protect your rights and maximize your recovery under these laws.

What is Comparative Negligence?

Comparative negligence is a legal doctrine that apportions fault among all parties involved in an accident. Under this system, each party's degree of responsibility for the accident is determined, and their compensation is adjusted accordingly. Oregon follows a modified comparative negligence rule, which means that you can still recover damages in a personal injury claim as long as you are not more than 50% at fault for the accident. However, your total recovery will be reduced by your percentage of fault.

How Does Comparative Negligence Impact Motorcycle Accident Injury Claims in Oregon?

In a motorcycle accident injury claim, the insurance company or the court will assess the actions of all parties involved to determine their respective fault percentages. Some common factors that may contribute to a motorcyclist's fault include:

  • Speeding or reckless driving
  • Failure to yield the right of way
  • Not wearing a helmet or proper safety gear

If you are found to be partially at fault for the accident, your compensation will be reduced accordingly. For example, if you are awarded $100,000 in damages but are found to be 30% at fault, you will only receive $70,000 in compensation. If you are more than 50% at fault, you will not be able to recover any damages under Oregon's comparative negligence law.

Tips for Protecting Your Rights and Maximizing Your Recovery

Given the potential impact of comparative negligence on your motorcycle accident injury claim, it is essential to take steps to protect your rights and maximize your recovery. Here are some tips to help you navigate the process:

  1. Gather evidence: Collect as much evidence as possible from the accident scene, including photos, witness statements, and police reports. This information can help establish the facts of the case and support your claim that the other party was primarily at fault.
  2. Seek medical attention: Obtain prompt medical treatment for your injuries and follow your doctor's recommendations for care. This not only ensures your well-being but also creates a clear record of your injuries and their severity.
  3. Consult an experienced attorney: Working with a knowledgeable motorcycle accident attorney is crucial to understanding your rights and navigating the complexities of Oregon's comparative negligence laws. They can help you build a strong case, negotiate with insurance companies, and represent your best interests in court if necessary.

At Angel Law, P.C., our experienced personal injury attorneys are dedicated to helping motorcycle accident victims in Lake Oswego and throughout Oregon. We understand the unique challenges that motorcyclists face and are well-versed in the intricacies of Oregon's comparative negligence laws. If you or a loved one has been injured in a motorcycle accident, contact us today for a free consultation to discuss your case and learn how we can help you secure the compensation you deserve.

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