Being partly at fault does not bar your Oregon claim — unless your share crosses a critical line.
The 51% Bar Rule
Oregon's modified comparative negligence rule (ORS 31.600) lets you recover damages as long as you are not more than 50% at fault; your award is reduced by your percentage of fault, and at 51% or more you recover nothing. This is called 'modified' comparative negligence because, unlike pure comparative states, there is a threshold past which recovery is cut off entirely.
How Fault Is Assigned
In a lawsuit, the jury assigns a percentage of fault to each party. Insurers do the same informally during settlement. Disputes over these percentages are often where the real money is won or lost.
Why It Pays to Push Back on Fault
Insurers routinely overstate an injured person's share of blame to shrink payouts. Evidence — photos, witness statements, expert reconstruction — that shifts even ten percentage points can substantially change your recovery.
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This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Oregon attorney.