Car accidents happen 60,000 times a year on Oklahoma’s streets and highways. The state requires auto insurance to cover the fallout from crashes, but there are circumstances under which you may need to sue to receive compensation for your losses.
If you were partially at fault for an accident, determining whether you are eligible for a settlement requires the expertise of an experienced attorney. Discussing your case with an expert will help you determine if bringing a suit is the best strategy for your situation, because how much you can recover depends on how fault is divided.
How Fault is Determined in Oklahoma Car Accident Cases
In an at-fault state like Oklahoma, the driver who caused the accident is responsible for the victim’s medical bills, auto repair, and other costs. These are usually paid by their insurance company.
Under Oklahoma law’s Modified Comparative Negligence Rule, the amount of damages a victim is eligible to recover is determined by their portion of the fault for the accident. If a driver is found 51 percent liable, they may not recover damages. If they are found 50 percent or less liable, they can receive compensation but it is in proportion to their percentage of the fault.
How the Math Works
The damages that a driver is awarded are reduced in proportion to the claimant’s share of fault. That means a victim awarded $100,000 by a jury receives $90,000 if they are found to be 10 percent responsible (or at fault). If they are found 51 percent at fault they receive nothing. Damage categories include lost wages, property damage, medical expenses, pain and suffering, and loss of enjoyment of life.
Factors in Determining Fault
Finding fault in an accident can be a complicated equation with many contributing factors. These may include:
1. Police reports
2. Witness statements
3. Insurance adjuster data
4. Physical evidence
5. Event data recorders from newer vehicles
6. Severity of injuries
Be Cautious of Insurance Company Tactics
Insurers have a financial incentive to increase the fault percentage on the claimant involved, to reduce their company’s payout. They may allege distracted driving, failure to make adjustments for the weather conditions, and delayed reaction times to undermine a driver’s credibility to shift a greater share of fault onto them. Consulting an attorney may help you preserve your position.
The Two-Year Deadline
Drivers have just two years under Oklahoma law Title 12, Section 95 to file a lawsuit related to an auto accident, whether personal injury or property damage. Wrongful death suits also have a two-year limit, but it begins on the date of the victim’s death.
Accident Preparation Tips
Being involved in an auto accident in Oklahoma is common. Under the state’s at fault law it can be a financially draining experience as disputes over liability can significantly impact the compensation you receive. If you are involved in an accident, follow these steps to reduce your liability:
- Get names and contact information from any witnesses
- Record the names, registration information, and insurance information from other driver(s) involved
- Photograph damage to the vehicles involved
- Save all medical records, correspondence with authorities or insurance companies, and other documentation of the incident
- Report the accident to your insurance company but contact an attorney before providing recorded or written information to any insurance company
Professional Guidance When You Need It
If there is any dispute about who is at fault in an auto accident, or if an insurer is pressuring you to accept a higher level of blame than the circumstances merit, get help from personal injury attorneys at Kincannon Law. Every percentage point of fault translates directly into dollars, so protecting your position is critical. Call for a consultation today.