It is not uncommon for more than one driver to be at fault in an automobile accident. Often, you are one of the persons at fault. Fortunately, in Oklahoma you can still file a personal injury claim or lawsuit when you share liability for an automobile accident.
States differ on how shared liability affects an injured person’s right to compensation. Typically, a state will follow one of two theories:
- Contributory Negligence. This theory of personal injury law states that an individual who shares any liability for an accident will be completely barred from being compensated for his or her injuries. Fortunately, however, there are only a handful of states that follow this doctrine.
- Comparative Negligence. This approach to personal injury compensation limits the amount of compensation you are eligible to receive based upon your own degree of liability. For instance, if party A is found to be 20% responsible and party B 80%, party A will be entitled to be reimbursed by party B for only 80% (a 20% reduction) of the damages sustained. This result is in contrast to no compensation at all under contributory negligence.
Most states follow some variation of comparative negligence. Oklahoma follows a variation referred to as comparative fault-50% bar. Under this doctrine, if you are 50% or more liable for the accident, you are barred from receiving any compensation for your injuries. If you are 49% at fault or less, the amount of compensation you are eligible to receive will be reduced by your own degree of liability. So, for example, if you are found to be 45% at fault, you may be entitled to receive 55% of your damages as compensation; however, if you are 50% at fault you will not receive any compensation whatsoever.
Conclusion
In Oklahoma, you can only file a personal injury claim or lawsuit if your share of liability for the accident is less than 50%. For this reason, establishing proportionate fault in a personal injury claim in Oklahoma is extremely important, and you should always endeavor to preserve any evidence that points to others being more responsible for the accident than you are. It is wise to consult an experienced personal injury attorney to protect your right to compensation for your injuries who can advocate on your behalf.
Low-cost Consultation: Okmulgee Personal Injury Attorney
If you or your loved ones have been injured in an automobile accident in which you share liability, a knowledgeable personal injury attorney can assist you in receiving the maximum amount of compensation you are entitled to receive.
If you’d like to speak with a Okmulgee personal injury attorney, simply call (918) 756-9600 or (888) Wirth-Law for a confidential consultation at the Wirth Law Office – Okmulgee. Or, enter your legal question or concern in the form at the top right of this page, and one of our attorneys will email or call you.
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