When a car accident occurs in Oklahoma, determining fault plays a crucial role in resolving claims and securing compensation for damages. Oklahoma follows the comparative fault rule, which can significantly impact the amount of compensation a victim receives based on their level of responsibility for the accident.
Comparative fault, also known as comparative negligence, is a legal principle that assigns a percentage of fault to each party involved in an accident. In Oklahoma, this rule operates under a modified comparative fault system with a 51% bar rule.
For example, if you are awarded $100,000 in damages but are found 20% at fault, your compensation will be reduced by 20%, leaving you with $80,000.
Determining fault in a car accident involves evaluating evidence and applying the comparative fault rule. Insurance companies, attorneys, and sometimes courts will assess the following factors:
The comparative fault rule directly impacts the compensation you can recover.
Insurance companies may try to assign a higher percentage of fault to you to minimize their payout. To protect your rights:
Understanding and navigating comparative fault rules can be challenging, especially when dealing with insurance companies or opposing parties. A skilled attorney can:
Oklahoma’s comparative fault system allows accident victims to recover compensation even if they share some responsibility for the crash, as long as their fault does not exceed 50%. Understanding how this rule works and taking steps to protect your rights can significantly influence the outcome of your case. Consulting an experienced attorney can ensure you navigate this process effectively and secure the compensation you deserve.
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