Liability for a car accident in Oklahoma does not always fall on the driver who hits you. Depending on the facts of your case, other parties may share legal responsibility for the crash. Employers, bars and restaurants, vehicle manufacturers, government agencies, and vehicle owners can all be held legally responsible when their negligence played a role in causing your injuries. This is because Oklahoma follows a fault-based system, which gives you the right to pursue compensation from any party whose actions contributed to the collision.
Continue reading for a closer look at how third-party liability works and what you can do to protect your legal rights and options.
Types of Third-Party Liability in Oklahoma
Several kinds of third parties can bear legal responsibility for an accident beyond the at-fault driver. The most common include:
- Employers: If the driver who caused the crash was working at the time, their employer may be liable under a legal principle known as respondeat superior. This applies when the driver was acting within the scope of their job, such as making deliveries.
- Bars and restaurants: Under Oklahoma’s dram shop law, an establishment that serves alcohol to a visibly intoxicated person can be held responsible if that person later causes a crash. An Oklahoma Supreme Court decision expanded this rule to include retailers that sell alcohol for off-premises consumption as well.
- Vehicle and parts manufacturers: If a defective component like a faulty tire, contributes to an accident, the manufacturer and anyone else in the chain of distribution may face liability.
- Government entities: If dangerous road design, missing signage, or poor maintenance contributed to your crash, a government agency may share responsibility. However, note that claims against government entities in Oklahoma carry a shorter filing deadline of just one year.
- Vehicle owners: Under the doctrine of negligent entrustment, a vehicle owner can be held liable if they knowingly allow an unfit driver to operate their vehicle.
Identifying every responsible party early on can make a meaningful difference in the total compensation available to you.
How Fault Is Divided Among Multiple Parties
When more than one party shares blame for an accident, Oklahoma’s modified comparative negligence system determines how much each one owes. Under state law, liability is assigned proportionally based on each party’s degree of fault. Here is how that plays out in practice:
- If a drunk driver was 60 percent at fault and the bar that over-served them was 40 percent at fault, each party would owe their respective share of the total damages.
- If the at-fault driver carries limited insurance, a third-party claim against their employer or an alcohol vendor could be the difference between a partial recovery and full compensation.
- If your own share of responsibility reaches 51 percent or more, you are barred from recovering any damages at all.
- Any percentage of fault assigned to you will reduce your total award by that same amount.
This system works in your favor as an injured person because it opens up additional sources of recovery. Pinpointing every liable party early in the process gives your attorney the best chance of building a claim that accounts for the full scope of your losses.
Contact Gorospe Law Group for Help After an Accident in Oklahoma
If you were injured in an accident in Oklahoma where someone beyond just the other driver may be at fault, you could have more legal options than you realize. An experienced attorney with Gorospe Law Group can help you identify your best course of action and work toward putting maximum compensation into your pocket from there.
Call (918) 965-0208 today for a free consultation. We can answer any questions you might have about your case at that time.