Who determines fault in a car accident?

Assigning Liability After A Car Accident Takes Place

Determining liability is an important process that a person must go through if he or she was the victim of a car accident. In order to figure out who will be paying for damages and injuries that occurred, liability must be assigned to a party. In this article, we will talk about how this process works and some of the various scenarios that can take place when determining liability.

Who determines fault in a car accident?

Everyone has a duty of care

Every driver on the road owes a duty of care to all of the other drivers on the road. In other words, it’s essential that every driver follows the rules of the road and pays attention to the actions of other drivers and pedestrians. When a driver does not follow these rules, he or she bears the liability of an accident that occurs due to their lack in duty of care. 

Duty of care also extends beyond the drivers on the road. Vehicle manufacturers, government entities that maintain roads and employers who hire drivers are a few other examples of those who could be held liable in the event of an accident. You could even hold a mechanic liable if negligence can be proven when it comes to how a vehicle was fixed (or not fixed). A good personal injury attorney will ensure that the facts are laid out so that the proper party is held responsible for the accident. Everything comes down to proof.  

Proving liability

Now that we have talked about some of the parties that can be held liable in an accident, let’s talk a little bit about the process of proving liability. First, you need to define the injuries or damages that were sustained from the accident. If you don’t define the injuries or damages, you cannot hold anyone liable. 

Next, you need to figure out who violated their duty of care. In most cases, it boils down to an irresponsible driver. But as we mentioned earlier, there are other parties that can be held liable. In some cases, it can be several individuals who are held liable. Regardless, you need proof. Proof can come in the form of witness testimonies, video surveillance, or even the confession from the negligent driver. Either way, you need an experienced lawyer to ensure that you can prove liability if you were the victim of a car accident. Without liability, you have nothing.

Oregon is a “Fault “State

Keep in mind, Oregon follows the “fault”-based system when it comes to car accidents. This means that the person who is at fault is responsible for any harm that resulted from the accident. For this reason, it is extremely important to ensure that you prove liability in the event of an accident. Every driver in Oregon is required to carry a minimum amount of car insurance coverage when it comes to liability. For example, there is a $25,000 minimum liability coverage for bodily injury or death of one person in an accident caused by the driver of the insured vehicle. 

Contact a Committed Oregon Personal Injury Lawyer Today!

As mentioned earlier, you need an experienced personal injury attorney on your side to ensure that you properly prove negligence of the driver or party at fault in the accident. If you can’t prove liability, you will be left with nothing. If you or anyone you know was the victim of a car accident here in the state of Oregon, contact us today at Dwyer Williams Cherkoss Accident Injury Attorneys for a free case evaluation. You can also reach us directly at: 1-800-285-8678. Our team of experienced personal injury attorneys will work hard to get the compensation that you deserve!

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