When an accident happens, more than one person may be at fault, so Oklahoma uses a comparative negligence system to determine how much each party is responsible and how to award damages. Understanding this rule is important whether you are pursuing a personal injury claim or defending against one.
What Is Comparative Negligence?
Comparative negligence is a legal principle that determines how much compensation a person can recover when they are partially at fault for their own injuries. Instead of one party being entirely responsible, the law allows multiple parties to share fault.
Oklahoma’s Modified Comparative Negligence Rule
Oklahoma follows the modified comparative negligence rule under 23 O.S. § 13. This rule states:
- You can still recover damages if you were less than 51% at fault for the accident.
- If you were 51% or more at fault, you cannot recover compensation.
- If you were partially at fault but under 51%, your recovery is reduced by your percentage of fault.
Example:
If a court finds you 30% at fault in a car accident and your damages are $100,000, it would reduce your award by 30%, and you would receive $70,000.
How Is Fault Determined?
Determining comparative negligence involves looking at evidence and assigning a percentage of fault to each party. Courts and insurance adjusters consider:
- Police reports – including citations issued.
- Witness statements – accounts of how the accident occurred.
- Video or photographic evidence – traffic cameras, dash cams, or security footage.
- Expert analysis – accident reconstruction specialists can help determine who violated traffic laws or safety standards.
Do You Need an Attorney?
Comparative negligence cases often involve complex evidence and aggressive insurance companies trying to shift blame. An experienced personal injury attorney can:
- Investigate the facts of your case.
- Challenge unfair fault assessments.
- Negotiate to maximize your compensation or minimize your exposure.
It’s important to file your claim quickly, as the statute of limitations applies.
Tulsa Personal Injury Attorneys
Oklahoma’s comparative negligence rule allows parties to share fault and to adjust compensation accordingly. As long as you are less than 51% at fault, you may still recover damages—but your award will be reduced by your share of fault. Our team at Tulsa County Lawyers Group is ready to help. Get a free consultation from an attorney by calling 918.379.4864, or you can ask an online question by following this link.
