Understanding Contributory Negligence
Under older versions of common law, a person was unable to collect any damages from another person if the injured party was at all at fault for the accident that caused their own injuries. Thus, if a person contributed to their own injuries, they were totally barred from all recovery. This was true even if the defendant was 95% or even 99% at fault. Contributory negligence was a total bar to recovery. If this looks unfair on the face of it, that’s because it was, and led to unfair results.
Thus, most states, including Oklahoma, use what is known as comparative negligence to allocate fault. Under comparative negligence, a person’s own fault in their injuries is compared to the fault of the defendant. While jurisdictions deal with comparative negligence somewhat differently, usually, a plaintiff’s recovery is reduced by the percentage of their own comparative negligence. Thus, if a plaintiff is 10% at fault, their recovery will be reduced by 10%. Oklahoma modifies this rule a bit.
Oklahoma Is a Modified Comparative Fault State
Oklahoma is known as a modified comparative or shared fault state. In Oklahoma, the law bars recovery if the plaintiff is more at fault than the defendant is. If the plaintiff is more at fault than the defendant, the plaintiff cannot recover any damages from the other party. This bar is the modification that Oklahoma law imposes to a pure comparative rule outlined above.
Thus, in an accident between two drivers, if an injured party is even 49% at fault, that party can collect damages. However, if the plaintiff is 50% at fault or more, recovery is barred. Okla. Stat. tit. 23 §§ 13-15
When Liability Is Close, You Will Need an Attorney’s Help
When you are involved in an accident and are suffering injuries, the defendant’s insurance company may assert that your liability level is a bar to your recovery. This is often done when liability is not immediately clear or when liability is more complex. In that case, the defendant’s insurance company will deny your claim entirely or may offer you a “nuisance” settlement amount. This could be $1000 or so, just so that they can close the claim. You could be seriously injured and feel that you should accept their offer. Never accept an insurance company’s offer without first consulting with a trusted Tulsa car accident attorney.
An Oklahoma car accident lawyer knows how to handle liability even in close cases. Often, in close cases, an accident reconstructionist may be used to help pinpoint liability. This may involve a further investigation. Witness testimony can also be used to support your position on liability.
A reconstruction of the events can be useful in pinpointing liability and in building a strong case. Your attorney will know what facts are important and how to present them to the claims adjuster, judge, and jury to ensure that you get the recovery that you need and deserve. You need to have an experienced Tulsa personal injury lawyer to help you resolve complicated liability issues.
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Contact your personal injury counselor at (918) 924-5528 or send us a question using the form on the right side of this page.
