How Oklahoma’s Comparative Negligence Law Affects Your Car Accident Case

In 2021, motorists reported over 66,000 car accidents across the state of Oklahoma. Each of these accidents had the potential to cause a catastrophic ripple effect on the lives of survivors and their loved ones, leading many to file claims for physical, emotional, and financial damages.

Under our state’s comparative negligence system, however, some accident victims are surprised to find their ability to collect damages is significantly limited or barred entirely. Here’s a brief overview of how Oklahoma’s comparative negligence system works and an explanation of how an experienced car accident lawyer may be able to help you maximize the value of your car accident claim – even if you were partially to blame for your crash.

How do they determine liability for car accidents?

In the United States, the process of determining liability in car accidents tends to vary depending on where you are located. In a small number of states that follow a contributory negligence rule, any degree of fault can bar recovery entirely. In other states – known as “no-fault” states – each driver’s Personal Injury Protection (PIP) insurance will initially pay for certain losses, regardless of fault.

Here in Oklahoma, we use a modified comparative negligence system when assessing liability in car accident cases. Under this system, drivers aren’t automatically prevented from recovering damages if they are found partially responsible for a crash. Oklahoma law allows recovery only if the injured party’s negligence does not exceed 50%. Crucially, though, if a driver is deemed partially responsible for their accident, they will have their damages reduced by a percentage equal to their level of fault.

Why use a comparative negligence system?

It might seem unnecessarily burdensome or complicated to use a modified comparative negligence system rather than a classic “at-fault” model of assigning liability, but there are a few benefits to using this approach. First and foremost, modified comparative negligence systems account for the fact that many accidents involve multiple responsible parties. In fact, state crash data revealed that over 4,500 of the accidents reported in 2021 involved three or more vehicles. Regardless of how many vehicles were involved in a crash, though, attempting to pin 100% of the blame on just one party can get complicated fast and often leads claims to drag on for extended periods without resolution.

Proponents of modified comparative negligence systems also tout benefits like:

Honesty and integrity

In pure at-fault systems, drivers may be incentivized to lie or bend the truth about their contributions to a crash in order to avoid being on the hook for 100% of the damages. Comparative negligence systems can curb these behaviors because they give drivers a chance to admit partial fault without completely compromising their recovery options. This can help foster honesty and transparency from individual drivers and their insurers.

Fair outcomes

Many argue that comparative negligence systems are, by definition, more equitable than pure at-fault approaches. Think about it: If a driver in an at-fault state was only 10% responsible for an accident, it seems pretty unfair that they should be barred from recovering any compensation at all. Our modified comparative negligence approach maximizes fairness and can help prevent accident victims from incurring disproportionate financial harm for a minor accident contribution.

Streamlined claims

In some states, the stakes in car accident claims are pretty darn high. That’s because each driver needs to convincingly blame the other involved party for 100% of the accident in order to avoid being on the hook for all the damages. This can lead to extremely contentious claims processes that may lead to other legal challenges down the line. Utilizing a comparative negligence approach in these cases can help alleviate some of the pressure to offload 100% of the blame onto another involved party and encourage more civil, balanced, and thorough investigations and fault determinations.

All of these benefits have contributed to a significant number of states adopting pure or modified comparative negligence laws. However, just because Oklahoma uses this approach does not mean you should let your guard down after an accident. Failing to understand how this system works can seriously hurt your claim and lead to you walking away with less compensation than you deserve.

That’s why it’s so important to partner with an experienced Oklahoma car accident attorney if there’s any question whatsoever about your level of fault or the amount of compensation to which you may be entitled.

How a car accident attorney can help

While our modified comparative negligence system makes it harder for drivers to shift blame entirely onto the other party or parties involved in their accident, it can still invite unsubstantiated claims of partial fault. In order to get out of paying you the full amount of damages you are owed, drivers and their insurers may attempt to claim that you were partially to blame for your own accident.

If you’re bumping up against claims of comparative fault, it’s important to work with a reliable car accident lawyer who can defend against dishonest or inflated claims of comparative fault. Here are a few of the ways your attorney can help you minimize your risk under our comparative negligence system:

• Conducting an investigation: Your attorney may be able to conduct their own independent investigation into the circumstances surrounding your accident in order to contradict the at-fault party’s version of events. This might look like visiting the scene of your accident, reviewing photographic evidence, or interviewing eyewitnesses about what they saw.
• Gathering evidence: A car accident lawyer can help you compile evidence like medical documentation, phone records, dashcam footage, and recorded conversations with insurance representatives to help you strengthen your claim. Your attorney can also send formal preservation request letters to certain entities to ensure no valuable evidence is tampered with or destroyed prior to negotiations.
• Hiring experts: Expert witnesses often play a critical role in contested car accident claims. Testimony from medical specialists, accident reconstructionists, automotive experts, and economists can help insurers, judges, and juries better understand how your accident unfolded and the full scope of the harm you suffered as a result.
• Representing you in court: If it comes to it, your car accident attorney can take on the heavy burden of fighting for you in a civil court case. If the other party involved in your accident continues to misrepresent your level of fault or if you fall victim to predatory insurance tactics, your lawyer can go to bat for you and ensure no stone is left unturned in your pursuit of justice.

Filing a car accident claim in Oklahoma can get confusing, especially if you’re unfamiliar with the tenets of our comparative negligence system. Even if you did contribute to your accident in some way, it’s wise to consult with an experienced attorney to ensure you don’t wind up settling for less than you deserve under the law.

Final thoughts

After a car accident, stress, strain, and physical pain can add up quickly. If you find yourself wading through the murky waters of a car accident claim, consult a trusted, local car accident attorney.

Just because you think you might have contributed to a crash does not mean that you should accept 100% of the responsibility. At Cunningham & Mears, we completely understand how hard it can be to find your legal footing after an accident. That’s why we’re so committed to educating our clients about the comparative negligence system and helping them access the resources they need to maximize the value of their claim.

Whether you’re facing an unsubstantiated claim of comparative fault or are looking to maximize your recovery in a shared liability scenario, our team is standing by to offer the guidance and support you need to make more informed decisions about your legal options. Give us a call today or fill out our online contact form to schedule a free consultation, and let’s work together to help you better understand your rights and responsibilities under Oklahoma law.