If you have been involved in an auto accident in Oklahoma, you have the right to file a claim against the person responsible. However, it would be not uncommon for you to also be held partly liable for the accident in which you are injured if your actions were found to have contributed to the accident. Fortunately, you can still file a personal injury claim if you share liability for an auto accident in Oklahoma.
State personal injury laws generally fall into two different categories:
- Contributory negligence
- Comparative negligence
Under contributory negligence, if a party to a personal injury claim is determined to be 1% at fault or more, they will be barred from receiving any compensation for damages. States that have comparative negligence laws allow a party to a personal injury claim who is partly at fault to still receive compensation for damages, though the amount of compensation awarded will be reduced by their percentage of fault. For example, if party A is found to be 20% at fault and party B is 80% at fault, party A will be entitled to be reimbursed by party B for 80 percent (a 20% reduction) of the damages sustained. (This is in contrast to Party A being entitled to zero compensation under the theory of contributory negligence.)
Oklahoma follows a variation of comparative negligence called the modified comparative fault-50% bar. Under this variation of comparative negligence, if you are 50% at fault or more, you are barred from receiving any compensation for your injuries. On the other hand, if you are 49% at fault or less, you are entitled to be compensated for your injuries at an amount reduced by the percentage of your own degree of fault. For example, if you are found to be 45% at fault, a jury may award you 55% of your damages as compensation, but if you are 51% at fault you will receive no compensation.
Once again, it is not uncommon for motorists to be held partly liable for the injuries they sustained in an automobile accident. But, in Oklahoma, you can still file a personal injury claim if you share liability. However, the amount of compensation you are awarded will be decreased by your percentage of liability.
Free Consultation: Claremore Personal Injury Attorney
If you or your loved ones have been injured in an accident where you are partly at fault, a knowledgeable personal injury attorney can assist you in getting the maximum amount of compensation you are entitled to and minimize your potential liability.
When there’s so much at stake, it’s crucial that you to speak with skilled Claremore personal injury lawyer at our firm. For a free consultation with an able Claremore personal injury expert, call (918) 213-0950 today. If you prefer e-mail, send your question to a Claremore personal injury attorney by using the form at the right-hand side of this page.