Oklahoma Car Accidents: Modified Comparative Fault

Every state has its own unique rules for handling car accident injury cases. Oklahoma uses a modified comparative fault standard, with a 51 percent bar on recovery. Under this type of system, the precise apportionment of fault can have major ramifications for injured car accident victims. The professional services of an experienced Tulsa car accident lawyer become especially important.

Comparative Fault

Oklahoma’s comparative fault system is designed to divide up car accident liability in a proportional manner. If one driver is 100 percent at fault for an accident, then they will be responsible for 100 percent of the damages. Likewise, if one driver is found to be 90 percent at fault, and another driver is only 10 percent at fault, then those drivers will again be required to cover their fair share of the damages. Under this type of system, it is critical that you are not unfairly blamed for even a single percentage point of an accident. Imagine that you sustained $100,000 in damages in an accident. In reality, you were only 10 percent at fault; therefore, you should be able to recover $90,000. However, if the court finds you responsible for even a few extra percentage points, you will lose out on thousands of dollars.

51 Percent Bar on Recovery

Oklahoma law also includes a total bar on recovery for anyone who was at fault for at least 51 percent of an accident. This means that you will not be able to recover any damages, even though another party may have contributed to a substantial portion of your accident when you are found to be fault for the majority of an accident. When fault is disputed, you need an attorney to make sure that your fault remains below the 51 percent threshold.

Do I Need an Attorney?

You should hire an attorney following a car accident if any of the following four conditions are met:

  • There is disputed fault;
  • You, or any other party has sustained an injury;
  • Thousands of dollars in property damage occurred; or
  • You feel that the insurance company is not treating you fairly.

Contact Our Office Today

Car accident injuries can have a major impact on your life. You deserve fair compensation for the damage you have suffered. Unfortunately, being unfairly blamed for the accident will dramatically reduce, or possibly eliminate, your car accident recovery. You can not let yourself take that blame. Contact the Hayes Law Firm today at (918) 392-4641 for aggressive legal professional.