Oregon: shared fault rules
Whether you can still recover money if you were partly at fault for an accident, and how much your share of fault costs you.
| Fault system | Modified comparative negligence (51% bar) |
|---|---|
| When fault bars recovery | Barred if you are 51% or more at fault |
| Law | ORS 31.600 |
Your share of fault usually reduces what you can recover by the same percentage. Insurers use this rule when negotiating, so it matters even if you never sue.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in Oregon.
How Oregon compares
35 of 51 states and DC share this answer (Modified comparative negligence): Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Vermont, West Virginia, Wisconsin, Wyoming.
- Modified comparative negligence (35)
- Pure comparative negligence (10)
- Contributory negligence (5)
- Other (1)
Also for Oregon: Malpractice rules in Oregon · Small claims limits in Oregon · Small estate limits in Oregon · Debt time limits in Oregon · Medicaid expansion in Oregon · ACA marketplace in Oregon · Claim deadlines in Oregon · Estate and inheritance tax in Oregon · All Oregon rules on one page
How we checked this
Rules come from a statute-cited 2026 personal injury table and match a defense firm's 51-jurisdiction chart, including Florida's 2023 change to a 51% bar. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site Single detailed source one detailed table built from statutes or official data Under review sources disagree; read the note and the law.