Oregon Injury Lawyer Blog
Drivers navigate potential dangers every day, often without realizing it. For example, statistics show that more than 12,000 fatal crashes occur at intersections. More than 1 in 5 (22%) involve a driver turning left. According to Nationwide Mutual Insurance, left-turn accidents represent the #2 “most frequent high-severity type of auto claim,” behind only rear-end collisions. While drivers making left turns are often at fault in their crashes, that is not a universal truth. Determining who was at fault in any collision, including a left-turn crash, involves careful investigation and analysis by a seasoned professional, which is why securing the services of an experienced Oregon motor vehicle accident lawyer is so important.
A fatal crash in Klamath County is just one of the latest examples of how dangerous intersections can be. In the Klamath County incident, L.K., a 71-year-old woman behind the wheel of a Chrysler PT Cruiser, was executing a left turn from eastbound Highway 140 to northbound Highway 39. According to the Oregon State Police’s preliminary investigation, the woman stopped at the intersection’s stop sign but then pulled out onto Highway 39 without yielding the right of way to oncoming traffic. A southbound Kia Sedona van crashed into the Chrysler. The van’s occupants suffered minor injuries, but L.K. died at the scene.
In most situations, left-hand turn crashes are the fault of the driver making the left turn. That is true because the law requires drivers making left turns to yield the right of way to oncoming traffic.
This is not always true, however. In certain factual situations, the blame may fall solely on the driver going straight, or on both drivers. If the evidence from a particular case shows that the oncoming driver was speeding, driving recklessly, driving while distracted, or ran a red light, then that proof may result in the oncoming driver having some or all the blame for the crash.
Modified Comparative Negligence and Your Injury Case
If your crash is a situation where both you and the other driver were negligent to a degree, that does not mean that you cannot recover compensation for the damage you have incurred. (In some states, if you are even 1% to blame, that will completely bar you from recovering anything. Oregon, however, is not one of those states.)
Oregon has a state statute that specifically addresses this scenario. Oregon law follows a modified comparative negligence model, which means that your negligence is not a bar to your recovery as long as you were 50% to blame or less. (If the court finds that you were 51% or more liable, then you cannot recover anything.)
Consider, for example, an intersection collision in which a left-turning driver pulled out in front of you. If the evidence showed that you made some slight error or committed a small infraction, that might result in the court finding you partly to blame. If the court decided that you were 5% at fault and the left-turning driver was 95% liable, then you would still be entitled to a recovery from the left-turning driver, but that amount would be reduced by 5%. In other words, if the court set your total damages at $1,000,000, you would be entitled to receive a payout of $950,000.
All these legal details point to a fundamental reality: the profound importance of proper legal representation. Having the right legal advocate is critical. The right legal team can ensure that you receive the benefit of a thorough and timely accident investigation. With the crash evidence and their experience, your legal team can then provide vital analysis regarding the extent to which the other driver was at fault and the degree to which you were liable. Accurately assessing these percentages is crucial for making wise decisions, such as whether to accept or reject a settlement offer from a defendant or an insurance company.
If you have been hurt in an intersection crash, you have experienced a potentially life-altering event. You owe it to yourself and your family to seek out reliable legal information and knowledgeable advice from a skilled advocate who will fight for you. The experienced Oregon auto accident lawyers at Kaplan Law LLC are here to be that advocate for you. We have successfully helped many other injured people, giving us a proven track record you can rely upon. Call (503) 226-3844 today or contact us online to schedule your free consultation.
