If you’re involved in a car accident and share some responsibility, understanding how your contribution to the crash impacts your ability to recover damages is crucial. Oklahoma follows a modified comparative negligence system, which determines how compensation is awarded in such situations. Here is how it works.
You can recover damages when you share fault for a crash only if your level of contribution does not exceed the other party’s. It means you cannot recover compensation through a car accident claim if you bear the majority of responsibility.
Additionally, your degree of fault will proportionally reduce your recoverable compensation. You can only recover damages to the extent you were not at fault.
How fault is determined after a crash
Assessing fault for a crash involves a detailed examination of various pieces of evidence, from police reports and witness statements to physical evidence and traffic camera footage. Insurance companies and legal professionals assess this evidence to determine how much each party contributed to the crash.
Establishing fault may be clear-cut in some cases, such as when one driver’s actions are outright negligent. In others, it could be a more complicated issue requiring thorough investigations. This can be the case if multiple factors lead to the crash or there are conflicting accounts of events.
You have the right to dispute the percentage of fault assigned to you if you believe it’s inaccurate. This entails presenting additional evidence challenging the initial findings and supporting your position. If a dispute over fault can’t be settled through negotiations with the insurance company or other resolution methods, pursuing legal action may be the only option.
Seeking qualified guidance if you are partially at fault for an accident in Oklahoma can help you understand your rights and protect your interests as you navigate the complexities of such claims.