How to Prove You Are Not at Fault in a Car Accident in Hermiston, OR

When you’re in a car accident in Oregon, one of the first questions that comes up is: who was at fault? Proving fault is key to getting the compensation you need for your injuries and damages. But it’s not always easy, especially when the other driver is trying to blame you.

At Hess Injury Law, we know how frustrating it can be to deal with the aftermath of a crash. You’re hurt, your car is damaged, and now you’re worried about being unfairly blamed. That’s where we come in. Our experienced car accident attorneys have been helping people in Hermiston, Pullman, and all over Eastern Oregon prove they weren’t at fault for over 60 years.

So, how do you prove you didn’t cause the accident? Here are our top tips:

1. Understand What Oregon Law Says About Fault in Car Accidents

Oregon follows a “fault” system for car accidents, which means that the driver who caused the accident is responsible for paying for the damages and injuries that result. However, Oregon also follows a “modified comparative negligence” rule, which means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault.

For example, if you are found to be 20% at fault for the accident and your damages are $100,000, you would only be able to recover $80,000 from the other driver. If you are found to be 51% or more at fault, you would not be able to recover anything at all. This is why it’s so important to prove that you were not at fault for the accident.

2. Gather Evidence at the Scene of the Car Accident (if Possible)

One of the most important things you can do to prove that you were not at fault for an accident is to gather evidence at the scene. Here’s what we recommend:

Contact Law Enforcement for an Official Police Report

After ensuring everyone’s immediate safety, your first call should be to the Hermiston Police Department or Oregon State Police. A police report will be the official record of the accident and is critical when dealing with insurance companies. The responding officer will document important details like road conditions, weather conditions, and statements from the people involved.

Document the Scene with Photos

If you’re physically able and it’s safe to do so, use your phone to take clear photos of:

• All vehicle damage, including close-ups and wide shots
• The position of vehicles on the road
• Any skid marks or debris
• Traffic signs or signals
• Road conditions
• Weather conditions

Collect Witness Information

Witnesses can provide valuable, unbiased accounts of what happened. If there are any bystanders or other drivers who saw the accident:

• Ask for their full name and phone number
• Note where they were when they witnessed the crash
• Write down their account while it’s fresh in their memory

Exchange Information with Other Drivers

While keeping interactions brief and professional, obtain:

• Full names and contact information
• Insurance company names and policy numbers
• Vehicle makes, models, and license plate numbers
• Driver’s license numbers

At Hess Injury Law, we understand that gathering this information might not be possible if you’re seriously injured. Your health and safety come first. If you’re unable to collect evidence at the scene, don’t worry – our experienced Hermiston accident attorneys can help reconstruct what happened and gather the necessary evidence to support your case.

3. Don’t Fall for The Insurance Company’s Traps

After an accident, you will likely be contacted by insurance companies – both your own and the other driver’s. Remember that insurance companies are not on your side. Their goal is to pay out as little as possible, and they may try to use your words against you to prove that you were at fault for the accident.

Here are some tips for dealing with insurance companies:

1. Do not admit fault or apologize for the accident
2. Do not give a recorded statement without consulting with an attorney first
3. Do not accept a settlement offer without consulting with an attorney first
4. Keep detailed records of all communications with insurance companies

Our car accident attorneys can handle communications with insurance companies on your behalf and protect your rights.

4. Hire an Experienced Hermiston Car Accident Lawyer

Proving fault in a car accident case can be tricky. There are often competing stories, complex laws, and aggressive insurance companies to deal with. That’s why hiring an experienced Oregon car accident lawyer is so important.

At Hess Injury Law, our attorneys know how to investigate accidents, gather evidence, and build strong cases that prove our clients weren’t at fault. We know the tactics insurance adjusters use to pin blame on victims, and we know how to fight back. With our help, you can focus on healing while we handle the legal heavy lifting.

If you’ve been involved in a car accident in Pullman, Hermiston, or anywhere in Eastern Oregon, don’t hesitate to contact us for a free consultation. You can reach us by phone or schedule a consultation online to learn more about how we can help you prove that you were not at fault for your Oregon car accident.

Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.