Comparative Negligence in Oklahoma helps Oklahoman’s injured in car and truck highway accidents. According to the Oklahoma Highway Safety Office, nearly 28,000 Tulsa car accidents occurred in 2015. This accounts for almost 25% of the over 120,000 annual wrecks statewide. Further, many of us are part of this statistic. We have fender benders, unexpected loss of control, and sometimes this leads to severe injuries for you or others. In Oklahoma, the law adheres to a doctrine known as “comparative negligence” or “contributory negligence”. This impacts the amount of damages you are responsible for or that you may receive.
Oklahoma Statutes Comparative / Contributory Negligence:
Oklahoma addresses Comparative and contributory negligence in 23 Okl.St.Ann. § 13 when it states:
“…negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage…”
Explaining Comparative Negligence in Car Accidents:
You may be asking what does this mean? Well, it means the court weighs the fault of each party. It determines who bears the majority of the fault for the accident. If a person injured is more responsible for causing the collision (51% or more at fault) than the person who is being sued, then the injured party cannot recover any financial damages.
Further, if the person suffering injuries is least at fault (50% or less) then recovery for injuries and damages is an option. However, if the victim is only partially at fault then the court assesses recovery accordingly. Imagine a person rolls a stop sign, colliding with a drunk driver who is speeding and also driving in the wrong lane. In this case, the driver rolling the stop sign may only be 10% at fault according to the court. This means that the drunk driver is 90% at fault for the wreck and therefore, must pay 90% of the damages regarding it. The driver who rolls the stop sign will be able to recover 90% of the financial damages, this is comparative negligence in Oklahoma.
Let Our Car Accident Attorney Explain Comparative Negligence in Oklahoma:
If you receive injuries in a car or truck highway accident we can help. You don’t have to go it alone against the insurance company. We have the legal edge you need. Get the help of a Tulsa car accident attorney today. The consultation is free and we don’t charge anything up front.