Determining Liability in an Oregon Car Accident


December 20, 2011     By Shulman DuBois LLC

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If you've been in an accident, you are only entitled to personal injury compensation if the accident was caused by someone else's negligence or actions. Learn how attorneys and insurance determine liability, or fault, after a car accident.
What is Accident Liability?

Accident liability if the financial and legal responsibility of an individual or business owed to another as a result of an accident that causes damages, injury, or death. The victim is responsible for proving both liability and damages.

Determining Liability

Sometimes liability is clear - if a car runs a red light and crashes into another car, for example, it is the driver who broke the law that is liable. Unfortunately, not all cases are so cut and dry. In cases where liability is unclear, it is often in the best interest of the injured person to find an attorney who understands traffic laws and liability investigations.

Levels of Liability

There are four levels of liability that you need to be aware of:

Wanton conduct or recklessness (example: drunk driving);
Intentional misconduct (example: running a red light);
Negligence (example: rear-ending someone, not intentionally); and
Strict liability.

If you've been injured in a car accident that was not your fault, or you are having trouble proving liability in your crash, you should contact a personal injury attorney who can help prove your damages and investigate for you.

ABOUT THE AUTHOR: Joshua Shulman and Sean Dubois
Joshua Shulman and Sean DuBois are partners with Shulman DuBois LLC. Shulman DuBois is a premier personal injury law firm in Portland, Oregon. Specializing in client care, each case that our firm takes is treated with personal attention. We pride ourselves on communicating with, and educating, our clients at all times.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.