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When Does a Trucker Have to Pay for Accident Damage in Portland?

— July 14, 2022

Negligence cases in every state become more complex when the person filing the lawsuit is found to be partially at fault for the incident.

Portland, OR – Civil cases that are based on accidents and injuries are based on the principles of negligence. This is a broad legal concept that essentially makes a party who makes a mistake or engages in reckless behavior financially responsible for the damage that they caused. However, each state has slightly different laws related to negligence, dividing fault for an accident, and determining liability. There are Portland truck accident lawyers who dedicate their time to resolving issues related to commercial vehicle crashes and helping their clients get as much compensation as necessary to pay for their injuries. 

Negligence laws in Oregon

When an accident victim brings a civil lawsuit, they will have to prove that the defendant driver was negligent. This means that the person deviated from the standard of care that is expected of all people on the roads. They also must prove the elements of actual causation of the losses and specific damages associated with the crash. 

Modified comparative negligence laws 

Negligence cases in every state become more complex when the person filing the lawsuit is found to be partially at fault for the incident. Some states prevent these plaintiffs from recovering at all, while others place limitations on the amount that they can recover. In Oregon, there is a standard known as modified comparative negligence. This means that a plaintiff who is found to be at fault for the crash can still recover money as long as their fault for the accident is less than fifty percent. In cases where they collect damages but bear partial fault, their damages are reduced relative to their level of fault. In any civil injury case, it is best to speak with Portland accident lawyers about the specific level of compensation that may be available after the damages for partial fault are subtracted. 

Who is liable?

Lady Justice; image by Ezequiel_Octaviano, via
Lady Justice; image by Ezequiel_Octaviano, via

In cases involving commercial vehicles like semi trucks, tankers, or buses, deciding who is financially responsible for the damage can be somewhat complex. The trucker or driver is usually only going to pay out the damages if they are considered an independent contractor and have their own insurance. In many cases, the driver’s employer will be responsible through their coverage as long as the driver was actually working when the crash happened. It is also possible that other parties such as a vehicle manufacturer or company that loaded the cargo can be liable based on the specific cause of the accident. 

Additional advice after a commercial vehicle accident

There are attorneys who can provide information about civil cases against truckers and their employers in Oregon and anywhere in the country. can be contact for a referral to a lawyer at 800-672-3103.

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