Were you in an accident you think you caused?
Here’s something you should know…
It doesn’t necessarily mean you can’t still recover compensation. States have laws called comparative negligence that allow you to still recover damages even if you were partially at fault.
Here’s what you need to know about comparative negligence
Below you’ll learn everything about comparative negligence and how the law applies to car accident claims in Oklahoma. With over 39,345 people killed in traffic crashes in 2024 alone, chances are you’ll be involved in an accident at some point. Make sure you know your rights as a driver and motorist by reading this article.
Table of Contents
- What Is Comparative Negligence?
- How Fault Is Assigned in Car Accidents
- The 51% Rule That Could Derail Your Claim
- Why You Need To Hire An Oklahoma Attorney
What Is Comparative Negligence?
Comparative negligence refers to a situation where more than one person is found to be at fault for causing an accident.
Essentially…
Instead of one party being found 100% liable for the accident, multiple parties are assigned a percentage of fault that adds up to 100%.
This is great news for accident victims who may have done something that contributed to the accident but doesn’t place full liability on them.
If you’re ever unsure about the specifics of comparative negligence in Oklahoma, reach out to a car accident lawyer in OKC and they’ll point you in the right direction.
There are two types of comparative negligence:
Pure Comparative Negligence
In states that follow pure comparative negligence laws, you can recover damages from the party that you are found to be at fault against.
Let’s say you suffered $10,000 worth of damages but the court found you to be 90% at fault. You would still be able to collect $1,000 from the other party.
Modified Comparative Negligence
In states that follow modified comparative negligence laws, you can only recover damages if your portion of negligence is below a certain percentage.
Currently, 13 states follow pure comparative negligence laws and the other 33 follow modified comparative negligence laws that require you to be under a certain percentage. Some states say 50% while others say 51%.
Oklahoma follows modified comparative negligence rules.
How Fault Is Assigned in Car Accidents
Insurance adjusters and courts don’t pull these percentages out of thin air.
They’ll look at certain factors that prove who did what wrong during the crash. Here’s some things they consider…
There are many factors that go into deciding how much fault should be placed on each driver. Police reports, eyewitness testimony, and physical damage to the vehicles all play a role.
Some common things that are considered when determining fault include:
- Violation of traffic laws (speeding, running a red light, etc.)
- Distracted driving (texting while driving)
- Following too closely
- Weather conditions
- Mechanical failures
Let’s say two drivers get into an accident. Driver 1 is texting while driving but Driver 2 is speeding.
The insurance adjuster may decide that Driver 1 is 75% at fault and Driver 2 is 25% at fault.
When most people think about how damages occurred they only think about the actual impact. However, where your car is damaged can play a big role.
You can often tell how someone was driving by looking at their vehicle.
Photographs are huge during a car accident. Always take pictures of your damages after an accident.
The 51% Rule That Could Derail Your Claim
Listen up…
In Oklahoma, if you’re found to be more than 50% at fault for an accident, you’re not able to recover any damages.
If you are found to be 50% or less at fault, you can recover damages.
Basically…
Let’s say you sustained $100,000 worth of damages from a car accident. If you’re found to be 30% at fault your recoverable damages would be reduced by 30%. You would only receive $70,000.
If you suffer $10,000 worth of damages and the insurance company is able to prove that you were 60% at fault.
You would not be able to recover any of your $10,000.
As you can see, that extra 1% could cost you everything!
Insurance companies know this too and will do everything in their power to place 51% or more fault on you.
They’ll lie. They’ll twist words. They’ll do whatever they can to save themselves money.
Here are some of the common tactics they use to do this.
Why You Need To Hire An Oklahoma Attorney
Insurance adjusters are out to get you.
They work for insurance companies whose job is to pay you as little as possible. Part of that strategy is using comparative negligence laws to shift fault onto you.
A knowledgeable attorney will:
- Gather evidence that proves your side of the story
- Help investigate your car accident
- Fight back against unfair accusations of fault
- Negotiate with insurance companies on your behalf
- Represent you in court if need be
Having an attorney by your side can mean the difference between paying your medical bills or not.
Not only will they help you fight back against the insurance company, but they’ll gather proof that you were less at fault than they claim.
The Countdown Has Begun
Just because you haven’t filed a lawsuit yet doesn’t mean you have an infinite amount of time.
You have two years from the date of the accident to file a claim in Oklahoma. While two years may sound like a lot of time, it can take months for lawyers to properly gather evidence and negotiate with insurance companies.
Here’s what you should do immediately after your accident.
Don’t stick around hoping that things will get better. Contact a lawyer as soon as possible to ensure you give yourself the best chance at recovery.
The sooner you contact a lawyer, the more time they’ll have to gather evidence.
Final Thoughts
Comparative negligence can be confusing, but here are the basics…
You can still file a claim and recover compensation even if you were partially at fault. In Oklahoma, you’ll want your percentage of fault to be 50% or lower.
Insurance companies will do everything they can to prove you were more than 50% at fault.
Fight back by knowing your rights, documenting everything, and hiring a lawyer to advocate on your behalf.