Understanding Comparative Negligence in Oklahoma Personal Injury Cases

If you are prepared to file a personal injury claim it is important to know the laws in the state you are filing. Each state has its own system for collecting compensation and understanding how the laws apply to your case is critical to your ability for financial recovery.

If you were injured in an accident in Oklahoma and are unsure about the laws and what your rights are, you are welcome to meet with an Oklahoma City personal injury attorney at the Putnam Law Office for guidance and legal counsel.

Filing an Oklahoma Injury Claim and Comparative Negligence

Oklahoma follows a comparative negligence fault system. Here, all parties in an accident are assessed, and each party is determined to have either no fault for causing their accident and injuries or partial fault. With comparative negligence, the ability to recover compensation is reduced by any amount of fault you are deemed to have for your accident and resulting damages. For example, if you are considered to be 10% responsible for causing your accident, then the total amount of compensation you can obtain will be reduced by 10% for your portion of responsibility for the accident.

Still, within a comparative negligence system, there are three types of rules. These are:

• Pure comparative negligence: Under this comparative negligence rule, everyone can recover compensation after an accident, no matter how much fault they are determined to have. So, if you are considered to be 99% responsible for causing an accident, you would still be able to recover 1% of your damages.
• Modified comparative negligence: When a party is considered to be at fault beyond either a 50% or 51% percentage. Ten states follow a 50% bar rule, meaning that when you are 50% or more responsible for an accident, you cannot recover compensation. Then there are 23 states that follow the 51% bar rule, where if you are 51% or more responsible, then you cannot recover damages. 
• Slight/gross negligence: Fault proportions are defined as slight or gross. When contributions to an accident are considered slight, then this individual can obtain a larger financial award if the other party is considered gross. Gross is a term that means careless and reckless conduct that has no regard for other’s safety. Only one state in the nation uses this system.

Oklahoma follows a modified comparative negligence system with a 50% bar rule. To further illustrate what this means, if you are in an Oklahoma car accident and another driver is proven to be 49% liable for causing the accident, they can still obtain compensation. It will just be reduced by 49%. However, if they are 50% liable, then they will be unable to obtain any compensation for damages.

Speak to an Attorney at the Putnam Law Office Today

Knowing what fault system is used where your accident has taken place and what it means are both critical aspects to having a greater understanding of what your rights are to compensation and how much you can possibly recover. Since the claims process is incredibly complex and there are many steps to take and rules to follow, it can be advantageous to pursue compensation with the assistance of an attorney.

To schedule a free consultation with an attorney at the Putnam Law Office, please call 405-724-7701 today.