Oklahoma follows a modified comparative negligence standard under 23 O.S. § 24, which means you can still recover compensation after an accident even if you were partially at fault. However, there is a limit to this law. If your share of the blame reaches 51% or more, you lose the right to recover anything at all. For those who fall below that threshold, the amount of compensation you receive is reduced by your percentage of fault. So if you’re found to be 30% responsible for the accident, your total recovery is reduced by 30%.
This statute plays a major role in personal injury claims across Oklahoma, so it’s worth learning about how it works and how it may apply to your specific case. Continue reading for more information about Oklahoma’s modified comparative negligence law.
How Modified Comparative Negligence Works in Practice
The easiest way to understand the modified comparative negligence law in Oklahoma is through a simple example. Say you’re involved in a car accident and your total damages come out to $200,000. After reviewing the evidence, a jury determines that you were 25% at fault for the crash and the other driver was 75% at fault. Under Oklahoma’s modified comparative negligence rule, your recovery would be reduced by 25%, bringing your total down to $150,000.
Now consider the same scenario, but the jury finds you were 51% responsible. In that case, you wouldn’t be able to recover anything at all. That one percent difference between 50% and 51% can mean the difference between a significant payout and walking away with nothing.
This is why establishing liability is such a critical part of any personal injury case in Oklahoma. The other side will do everything they can to push your share of blame as high as possible, and any increase in your percentage of fault directly reduces your compensation.
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How Insurance Companies Use Comparative Negligence Against You
Insurance adjusters are well aware of Oklahoma’s comparative negligence law and know how to use it to their advantage. One of the most common tactics is to argue that you contributed to the accident in some way, regardless of whether the available evidence supports that argument.
For example, after a car accident, the other driver’s insurer might claim that you failed to take action to avoid the crash. They may point to minor details in the car accident report and use your own statements against you to try and build a case for shared fault.
This is one of the main reasons why it’s important to be careful about what you say after an accident and ideally have your personal injury lawyer handle all of the correspondence. Apologizing at the scene, giving a recorded statement to the insurance company, and posting about the crash on social media can all be used to increase your assigned percentage of fault.
Contact an Oklahoma Injury Lawyer for a Free Consultation
Oklahoma’s modified comparative negligence law can have a direct impact on how much compensation you receive after an accident. If the other side successfully shifts some of the blame onto you, your recovery goes down. If they push it past 50%, you lose your right to recover entirely.
An experienced personal injury attorney with Gorospe Law Group can help you understand where you stand and take steps to protect the full value of your claim from there. Contact us today for a free consultation at (918) 582-7775.