What types of defenses can be used to challenge a vehicle rollover lawsuit?

In Oregon, drivers who are sued over a vehicle rollover may have certain defenses they can use to challenge the lawsuit. A few common defenses include contributory negligence, assumption of risk, and comparative negligence. Contributory negligence is a defense in which the driver claims that they were not fully responsible for the accident and that the plaintiffs own negligence contributed to the accident. This could mean that the plaintiff was not wearing a seat belt, was distracted while driving, or was driving too fast for the conditions. Assumption of risk is another defense that may argue that the plaintiff was aware of the risk of the accident and accepted it when they got in the vehicle. This argument could be made if the plaintiff was aware of the vehicle’s mechanical condition or they were warned of the danger before getting in the vehicle. Comparative negligence is a defense that argues that the plaintiff was partially to blame for the accident. If the plaintiff is found to be partly responsible for the accident, the jury could reduce the amount of damages the defendant must pay. This defense takes into account the degree of fault of each party and adjusts for that in the award. Overall, these are a few of the defenses that may be used in a vehicle rollover lawsuit in Oregon. However, these defenses will only be successful if they can be supported by evidence. Ultimately, the success of a defense will depend on the unique facts of the accident.

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