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Determining Fault for Car Accidents in Oregon


If you’ve been injured in a motor vehicle crash, determining fault and assigning liability is sometimes complicated. At Johnson and Taylor, our experienced personal injury attorneys help clients understand their rights and fight to recover maximum compensation for damages such as medical expenses, lost wages, and pain and suffering.

What You Can Do to Help Prove Fault in a Car Accident Case

Several elements go into determining car accident fault after a motor vehicle collision. One of the most vital aspects of proving fault is gathering evidence from the scene of a crash. If you’re involved in an accident, it is vital to do what you can to collect evidence that could back up a personal injury lawsuit or claim. Taking these important steps can assist our vehicle accident lawyers with proving fault:

  • Call 911 – Police reports and evidence collected by law enforcement can be crucial elements of determining fault and seeking compensation in a personal injury case. Not only does calling authorities allow you to get the medical care you need, but police will also investigate the accident and speak to witnesses. If possible, get a copy of the police report and bring it to your consultation with our personal injury lawyers.
  • Take photos – The type of damage and its location on vehicles often can tell the story of who is at fault in a motor vehicle accident. Snap pictures of the scene, damage to vehicles, the roadway, any skid marks, street signs, and your injuries.
  • Gather information – Make sure to obtain insurance, license, and contact information from all parties involved in the accident. It’s also a good idea to get contact information and statements from any witnesses who saw the crash.
  • Document what happened – Write down everything you remember about how the accident occurred while it is still fresh in your mind. Memories fade, and things you may think are insignificant can turn out to be especially important when it comes to determining fault. If you don’t have a pen and paper, use the voice recorder on your phone.

Our team has successfully recovered compensation in personal injury lawsuits for clients throughout Oregon.

How Our Vehicle Accident Lawyers Establish Fault

All drivers owe others a duty of care when they’re on the road. Oregon is a fault-based state when it comes to auto accidents and personal injury law. This means that the person who caused an accident is responsible for any injuries or damages that resulted from the collision. Before you bring a personal injury lawsuit or claim, several elements must be proven to determine fault. For a claim or lawsuit to be successful, you must show:

  • The other party owed you a duty of care
  • They breached that duty
  • Their breach of duty caused you harm
  • You suffered damages or losses due to your injury

Common types of damages include medical bills, lost wages, pain and suffering, or wrongful death damages if you’ve lost someone you love in a fatal car accident. Our legal team may need to employ the services of accident reconstruction experts who are adept at connecting the dots to show who was responsible for a crash. In addition to photos and other evidence collected at the scene, some other types of evidence we use to establish car accident fault include:

  • Medical records
  • Traffic and security camera footage
  • Police reports and testimony
  • Witness testimony

Multiple Parties Could Be at Fault

In some cases, others may be liable for damages in a car accident case. For example, if a mechanical defect caused a motorist’s brakes to fail, the parts manufacturer, vehicle manufacture, and product designer may be considered at-fault parties if someone was injured due to the brake failure.

Why Choose Our Personal Injury Lawyers?

Some car accident cases are complex. We know how to thoroughly investigate motor vehicle crashes, establish fault, and pursue all possible sources of compensation. Our caring team provides compassionate legal services while fighting for your rights and helping you recover the compensation you need to protect your health and finances.

Contact Our Vehicle Accident Lawyers In Salem, OR

At Johnson and Taylor, our attorneys give you a straightforward assessment of your case. Your initial consultation is always free if even you don’t move forward with a claim. Johnson and Taylor litigates personal injury, divorce and family law and estate planning and probate cases. Our personal injury lawyers serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the entire state of Oregon. If you’ve been injured due to someone else’s negligence, call us at 503-990-6641 or contact us online to schedule a free consultation with a car accident attorney today.