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How Is Fault Determined in an Oregon Car Crash?

Fault in an Oregon crash is built from evidence — not decided by a single document.

The Evidence That Matters

Police reports, scene photos, vehicle damage, witness statements, traffic and dashcam video, and sometimes accident reconstruction all contribute. No single piece is automatically controlling.

The Police Report Isn't Final

An officer's opinion on fault is influential but not binding. Insurers and juries weigh all the evidence, and a report can be challenged with stronger proof.

Shared Fault

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. Because your recovery shrinks with your assigned percentage and disappears past 50%, contesting an inflated fault finding is often where cases are won.

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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.

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