What Happens If You Are Partially Responsible for an Oklahoma Car Wreck?

Can You Still Recover for Your Losses? The Legal Principle of Comparative Negligence

You’ve been hurt in a car, truck or motorcycle collision in Oklahoma. Though the crash was caused in part by the carelessness or negligence of another driver, you were also partially at fault. Maybe you rolled through a stop sign or maybe you were speeding at time. What happens if you were partially at fault for causing an Oklahoma motor vehicle accident? Can you still seek compensation for your losses?

Your Rights If You Were Partially Responsible for an Oklahoma Car Accident

According to the Oklahoma Department of Public Safety, there were, on average, more than 180 vehicle accidents every day in Oklahoma  in 2021. In many of those cases, more than one party was at fault.

In Oklahoma, by law, when an injured person did anything that contributed to an accident or to his or her injuries, the legal principle of comparative negligence applies. With comparative negligence, the court first determines the full amount of the injured party’s losses. The court then identifies the degree to which the injured party caused  the accident, usually stated as a percentage. The damage award is then reduced by the percentage of liability.

For example, suppose you were hurt in a car wreck and you were unable to work for two years, losing $200,000 in wages. Let’s say that the jury concludes that you were 30% responsible for causing the accident. The damage award would be reduced by 30%, from $200,000 to $140,000.

Modified Comparative Negligence in Oklahoma

Oklahoma, like many state, follows the legal principle of “modified comparative negligence.” If the injured person is 50% or more responsible for causing the accident, there is no recovery at all.

Let Our Experienced Oklahoma Auto Accident Lawyers Protect Your Rights

At the Law Office of Michael R. De La Paz, we bring more than 26 years of experience to motor vehicle accident victims in Oklahoma and nationwide. We know from experience the many different ways that a car wreck can change your life. We’ll work hard to help you get full and fair compensation for all your losses, including wages and income, unreimbursed medical expenses, pain and suffering, loss of companionship and loss of enjoyment of life.

We handle car accident injury claims in Oklahoma and nationwide, including cases in the Oklahoma City, Tulsa, Norman, Broken Arrow and Edmond metro areas. Arrange a free consultation today to evaluate your potential case.

Handling Accident Cases Nationwide, Including, But Not Limited to Oklahoma, Texas, Florida, New Mexico and Illinois