Legal Question in Personal Injury in Oregon
Auto Accident, Whose fault?
My daughter was recently driving a vehicle of mine. She was leaving an apt. complex, making a left turn onto a 2-way street.Visibilty was limited by a hill to her left and traffic parked along the street. Road conditions were sunny and dry asphalt. Not hot. She was struck by a vehicle coming from her left driven by a teenage driver. He left 70` of skid marks before impact, and pushed her 15` sideways after hitting her. He has admitted speeding and the posted limit was 25mph. A police officer gave no tickets, but from the skid marks, advised the teenager he was going way too fast and that my daughter had no chance to avoid the accident. The insurance company has offered an 80-20 settlement, with my daughter being the 20% responsible person. I maintain she is 0% responsible and should have no blame. Should we accept the 80-20 offer or hold out for 100-0? We beleive we can prove the teenager was traveling about 55mph. We have witnesses and pictures of the accident scene with the policeman in the pictures.
1 Answer from Attorneys
Re: Auto Accident, Whose fault?
The percentage of fault issue is a "red herring". The ultimate question is what are the value of the damages or compensation you beleive to be adequate-- and then what will the defendant or his representative(insurance carrier probably) pay?
Richard Sly
Richard Sly Attorney-at-law
1001 SW 5th Ave Suite 1901
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