When someone is hurt in an accident, one of the first legal questions is who is responsible, and Oklahoma handles these situations using the comparative negligence rule, which can significantly impact how much compensation a person receives. Here’s how Oklahoma’s comparative negligence system works and how courts determine fault.

What Is Comparative Negligence?

Comparative negligence is a legal principle that assigns fault between all parties involved in an accident. Instead of one party being entirely responsible, each party receives a percentage of fault based on their contribution to the incident.

Oklahoma follows a modified comparative negligence system under 23 O.S. § 13. This means:

• If you are less than 51% at fault, you can recover damages, but the court will reduce compensation by your percentage of fault.
• If you are 51% or more at fault, you cannot recover any damages.

How Do Courts Determine Comparative Negligence?

When determining comparative negligence, Oklahoma courts (or juries) look at all the evidence to decide each party’s share of fault. This includes:

1. Accident Reports and Testimony
   Police reports, witness statements, and expert testimony can clarify how the accident happened.
2. Actions of Each Party
   Courts consider whether each party acted reasonably under the circumstances. For example, in a car accident, one driver may have been speeding while the other failed to signal a turn.
3. Physical Evidence
   Photos of the accident scene, property damage, and surveillance footage may all be reviewed to reconstruct what happened.
4. Applicable Laws
   Courts consider violations of traffic laws, safety rules, or other statutes when deciding fault percentages.

Example of Comparative Negligence in Action

Suppose you were in a car accident, and the court finds:

• The other driver was 70% at fault (they ran a red light).
• You were 30% at fault (you were speeding).

If your total damages were $100,000, your compensation would be reduced by 30%, leaving you with $70,000. However, if you had been found 55% at fault, you would recover nothing.

OKC Personal Injury Attorneys

If you’ve been injured in an accident and fault is disputed, having an experienced personal injury attorney can make all the difference. Our team at Kania Law – OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.