or “Making a Mistake Doesn’t Equal Being Totally Responsible”

Imagine yourself bicycling in Eugene. You pop into your favorite coffee haunt and after relaxing, re-mount your steed to head on home. To save time and hassle, you ride the half block to the next intersection on the sidewalk – heading in fact, on the sidewalk adjoining a lane of traffic traveling opposite to your course of travel. At the intersection, you enter the crosswalk as the little illuminated “man” notifies you that you are free to cross, accompanied by the magic voice installed on the post saying, “Walk…walk…walk.” Not included in your plans for the day, a car coming from the street  perpendicular to your route, after stopping at their red light, proceeds into the crosswalk – initiating a right turn. As that driver had been looking for traffic coming from his left and saw none, he legally proceeded into his controlled right turn. And there you are, laying on the ground with your broken bicycle. The driver exits his vehicle angrily wanting to know where you came from. A cop pulls up and begins her inquiry. So, who is at fault?

So, who is at fault?

In fact, your actions were illegal. You were riding a bicycle on a sidewalk  – against the flow of traffic. You failed to dismount before the crosswalk, but instead chose to ride within its confines. Thus, there is no recourse, correct? Well, this example points out the need to seek counsel from a qualified personal injury attorney, as the outcome of this mess has to do with a legal standard known as comparative fault, or comparative negligence. The misjudgments you made do not negate those made by the other party – the driver. He still has a duty to observe and practice due care – as required by Oregon statute. It may well be that you should not have been riding on the sidewalk, on the incorrect side of the street, and in the crosswalk. But those facts do not absolve the driver from demonstrating due care, which would certainly include identifying  imminent hazards entering the crosswalk from a direction of which he was not paying attention.

In fact, your actions were illegal.

Or consider this scenario: You are a woman who decides to kick up your heels at your favorite Eugene dance venue. Dressed to the nines, you wear some very classy high heels. The dance floor is crowded, the participants are lively, and the booze has been flowing. Despite your desperate attempts to not make a fool of yourself, you trip and down you go – splayed on the dance floor looking like road kill. You recognize the looks – Can’t she handle her drink? Wasn’t she the one moving a little too vigorously? What the hell was she thinking wearing those spikes while dancing with the stars? It’s all your fault, right?

It’s all your fault, right? Maybe yes, maybe no.

Maybe yes, maybe no – or maybe some of each. Does your favorite dance venue have any responsibility in this scenario? Does their ambiance and reputation encourage women to outdress each other – or even expect it? Was the establishment too crowded to provide for the safety of their clientele? Was the booze flowing too liberally for some patrons? Was the dance floor wet from dancers carrying their libations out there, and baptizing the feet of the dancers? Was lighting such so that an obvious trip hazard could be recognized? Believe me, these questions are not meant to take away everybody’s fun and suggest life isn’t risky. But, in point of fact, owners of property have a responsibility to provide a safe environment for their invitees (customers, friends, guests, and the like). It may be a pure and simple case of you being a klutz; if so, hey, you fell. On the other hand, let’s say you get home and there is this nagging sense this really wasn’t entirely your fault, and hey, why must you be looking at huge medical bills for a broken hip when the proprietor had a sound cord running directly across the dance floor that was impossible to see in the midst of strobe lighting? These are real life events, folks, and ones worthy of your time to consult with an personal or accident injury attorney. So you can get rich? No! To help you decide comparative fault or negligence, and in the eyes of the law, whether you may be entitled to restitution which will help pay for your medical bills.

People trip and fall daily. More often than not, we just didn’t pay attention to the curb getting in the way of our foot. However, we all have a responsibility to provide a safe environment for those who come onto our property. If my kid leaves a roller skate on the steps, and the UPS deliverer launches into a window because of it, I don’t get to beg off by saying, “Hey, it’s your own darn fault. You should have known kids leave skates around! Besides, I didn’t ask for that package anyway.” We all have a responsibility to provide safety for others on our property and to behave in a matter that does not endanger others in our actions.

So, the moral to the story is this: Making a mistake doesn’t mean you are totally responsible. If you are the victim, or at least on the receiving end of an accident injury, consider seeking the counsel of a competent personal or accident injury attorney – right here in Eugene. In most cases, the initial session will cost you nothing. The attorney knows the law, and is a professional in evaluating comparative fault and negligence. He or she will help you understand how the law applies to your situation, and whether your case merits seeking restitution from the other party.

DISCLAIMER: What follows is an article written by Isaac Jackson, a Personal Injury Attorney,located in Eugene, Oregon licensed to practice law in the State of Oregon. The following article is intended for information purposes only and is NOT intended to create an attorney client relationship or give you specific advice regarding your claim.  The information below regarding personal injury claims may not apply to your case, even if it appears applicable.  You are encouraged to take your personal injury case to a qualified attorney in your area immediately.  Your injury claim may be barred by a statute of limitations, which in some cases could be as little as a month.  If you do not file a notice of claim or a lawsuit within that time period you may lose your right of recovery for your personal injury claim.