Understanding car accident laws can be tricky. Unlike some states, Oklahoma is not a no-fault state for auto accidents. Instead, it follows a “modified comparative fault” system. Let us dive into what this means for you.
Modified comparative fault explained
In Oklahoma, the modified comparative fault rule applies. This rule lets you recover damages if you are 50% or less responsible for the accident. If your fault exceeds 50%, you cannot claim any damages.
If you are partly to blame, your damages get reduced. For instance, you can still file a lawsuit if you are 10% at fault, and the other driver is 90% at fault. Yet, if you win $1,000, they reduce it by 10%, leaving you with $900.
How fault affects your claim
Imagine you are in a car accident. You drove through a red light, while the other driver was speeding. Who is at fault? In Oklahoma, both parties can share the blame. The court will determine each party’s percentage of fault. This percentage directly impacts the compensation you can receive.
Here is an example:
- The court determines you are 30% at fault.
- The other driver is 70% at fault.
- If the total damages amount to $10,000, you can recover $7,000.
Understanding Oklahoma’s comparative fault rules is crucial. An experienced car accident attorney can help. They can analyze your case and guide you through the legal process. Lawyers understand the nuances of Oklahoma’s car accident laws and can help through the recovery process.
Knowing the laws in your state can make a significant difference in your case. Oklahoma’s modified comparative fault system allows you to recover damages even if you share some blame. Yet, understanding and applying these rules can be complicated.