How is fault determined in a pedestrian accident case?

Fault is determined in a pedestrian accident case by looking at each party’s actions and then assigning blame. The state of Oregon follows a modified comparative negligence rule, which means that the court’s findings of fault are based not on who was at fault, but on the degree of fault each party had. In Oregon, if one party is found to be more than 50% responsible for the accident, they will not be able to recover any damages. If both parties are found to be at fault but one party is found to be more than 50% responsible, then that party can only recover damages up to the amount of the other party’s fault. For example, if the driver of a vehicle is found to be 75% responsible for the accident, they will only be able to recover up to 25% of the total damages awarded in the case. The court may also consider if either party was acting unwisely or dangerously when determining liability. Other factors may include visibility, speed of the vehicle, or the presence of a crosswalk. Pedestrian accident cases can be complex as many factors must be considered, but understanding the rules of the road and the laws of Oregon can help individuals understand who is at fault in the case.

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How is fault determined in a pedestrian accident case?

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