If you suffered damages in a car accident caused by another party, you may be able to recover compensation. However, you first need to prove who was at fault for the accident.
Insurance companies and defense attorneys will often attempt to deny liability and shift the blame to you whenever possible. They may even employ sneaky tactics to capitalize on your vulnerability after the accident. You need the assistance of an experienced Oklahoma City car accident attorney to protect your rights and help you secure maximum compensation for your injuries.
At Warhawk Legal, our car accident attorneys have decades of experience helping accident victims recover the full compensation they deserve, and we are committed to doing the same for you. Call (405) 294-1243 or visit our contact page to schedule a free consultation to discuss your claim.
Is Oklahoma a No-Fault Auto Insurance State?
No, Oklahoma is not a no-fault state. When someone is injured in a car accident in a no-fault state, they look to their own insurance company to pay their medical expenses.
Instead, Oklahoma is an at-fault state. This means that the at-fault party’s insurance coverage pays for the damages caused by their insured driver. So, if you are injured in an accident caused by someone else, you can file a claim against that person’s insurance provider rather than filing a claim with your insurer.
How Do You Prove Fault for an Oklahoma Car Accident?
Most car accidents are based on negligence. To prove negligence, you need to establish that four elements exist:
- The defendant owed you a duty of care.
- The defendant breached that duty of care by their negligent action or inaction.
- The defendant’s breach of duty was the cause of your accident.
- You suffered actual damages due to the defendant’s breach of duty.
All motorists owe a duty of care to operate their vehicles safely to avoid causing harm to others. To prove they breached their duty, you would need to show that they failed to drive with reasonable caution to avoid harming others. So, if they ran a red light, or were speeding, or violating some other traffic law, you could use that to prove they breached their duty of care.
Next, you need to prove that the cause of your accident was the defendant’s breach of duty. In the above example, you would need to prove that the defendant running the red light or speeding caused them to crash into you, or otherwise caused your crash. Finally, you need to prove that you suffered damages because of the accident that the defendant caused.
We use evidence to establish these four elements. The type of evidence we use varies depending on the specific facts of your claim. However, some common pieces of evidence used to prove fault in a car accident claim include:
- Photos and video footage of the accident scene, damage to vehicles, and your injuries.
- Eyewitness accounts.
- Police reports.
- Event data recorder information from the involved vehicles.
- Vehicle repair estimates.
- Medical records.
- Bills, invoices, and receipts for expenses incurred because of your damages.
- Proof of lost wages or income.
- Expert witness testimony, including accident reconstructionists, medical experts, and economic experts.
Our Oklahoma City personal injury attorneys carefully consider each piece of evidence to present your strongest case.
What If I am Partially At Fault in an Oklahoma Car Accident?
Oklahoma uses a comparative fault model, which allows multiple parties to be found at fault in an accident. If you are found to be 51 percent or more at fault, you will not be able to recover compensation.
If you are found to be 50% or less at fault, you can still recover compensation. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 30% at fault and your damages total $100,000, you could still recover $70,000 after deducting your percentage of fault.
At Warhawk Legal, we work diligently to avoid or minimize any assignment of fault to you and to maximize your recovery.
Contact Warhawk Legal to Help You Prove Fault
If you have been injured in a car accident in Oklahoma that was caused by another party, you need the assistance of an experienced Oklahoma car accident lawyer to help you secure maximum compensation.
Call (405) 294-1243 or complete the short form on our contact page to schedule a free consultation to discuss your claim.