If you are injured in an accident in Oklahoma that is not your fault, you may be entitled to recover compensation for your damages. But what if the accident was partially your fault?
Injured in Oklahoma City? Call Warhawk Legal at (405) 397-1717 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
Oklahoma follows a modified comparative fault model that allows you to recover damages if you are less than 51% at fault. However, your compensation will be reduced by the percentage of fault assigned to you. If you are 51% or more at fault, you will be barred from securing compensation for your damages.
Being represented by an experienced Oklahoma personal injury attorney with a proven record of success can make all the difference in the outcome of your case. At Warhawk Legal, our Oklahoma City injury lawyers will protect your rights and work to secure maximum compensation for your damages. Call (405) 397-1717 or visit our contact page and schedule a free consultation to discuss your accident claim.
Oklahoma’s Comparative Fault Law
Oklahoma Statutes §23-13 outlines the state’s comparative fault law and states:
“In all actions hereafter brought, whether arising before or after the effective date of this act, for negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage, or unless any negligence of the person so injured, damaged or killed, is of greater degree than the combined negligence of any persons, firms or corporations causing such damage.”
If the accident or incident that caused your injuries or damages was partially your fault, you are not barred from recovering damages unless your degree of negligence was greater than the negligence or fault of the other defendants combined. If your proportion of fault exceeds 50%, you will be barred from recovering compensation for your damages.
Oklahoma Statutes §23-14 outlines how your contributory negligence affects your compensation when you are less than 51% at fault, providing:
“Damages diminished in proportion to contributory negligence. Where such contributory negligence is shown on the part of the person injured, damaged or killed, the amount of the recovery shall be diminished in proportion to such person’s contributory negligence.”
Accordingly, your compensation will be reduced in proportion to your degree of negligence. For example, if your damages total $100,000 and your degree of negligence is determined to be 40%, you could still recover $60,000 after deducting your percentage of fault.
How Warhawk Legal Can Help You in a Comparative Fault Case
Liability is not always as it first appears. Our experienced Oklahoma City auto accident attorneys will carefully investigate your accident to identify all possible causes and potentially liable parties.
We will work diligently to avoid or minimize any fault assigned to you and strive to maximize your compensation. In doing so, we often collaborate with medical and economic experts to accurately establish and value your current and future damages, helping you achieve the best possible recovery.
Our attorneys are excellent negotiators who know how to combat the tactics used by insurance adjusters to devalue your claim. We will present your best claim and stand firm, demanding the full and fair compensation you deserve.
Contact Warhawk Legal Today
If you have been injured in an accident that was partially your fault, we want to help you recover maximum compensation for your damages. Call (405) 294-1243 or complete the short form on our contact page to schedule a free consultation to discuss your accident claim.
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How Insurance Adjusters Use Comparative Fault Against You
When you file a claim in Oklahoma, insurance adjusters are trained to find ways to assign fault percentages to you. Common arguments include: you were exceeding the speed limit by even a few miles per hour; you failed to take evasive action; you should have anticipated the hazard; or you were not wearing a seatbelt (relevant to certain injury types). Each percentage point of fault they assign to you reduces their payout by that amount — which is why this negotiation is financially important to them. An experienced personal injury attorney counters these arguments with evidence: accident reconstruction that shows fault was the other party’s alone, traffic studies, weather and road condition data, and witness accounts that tell the full story.
Oklahoma’s 50% Threshold and What It Means for Your Case
Under Oklahoma’s modified comparative negligence rule, you can recover damages even if you were partly responsible — up to and including 50% at fault. Once your fault exceeds 50%, you are barred from any recovery. This threshold means that fault allocation arguments are high-stakes: the difference between being found 49% and 51% at fault is the entire case. Attorneys who regularly litigate Oklahoma personal injury cases know how to build the evidence record that keeps your fault percentage where it belongs.
Frequently Asked Questions About Partial Fault in Oklahoma
Who decides fault percentages? The jury in a trial, or the parties in a negotiated settlement. An insurer’s unilateral assessment is a starting point, not a final determination. Can I recover if I was 40% at fault? Yes — your damages are reduced by 40%, but you recover the remaining 60%. What if I disagree with the insurer’s fault assessment? You are never required to accept it. An attorney challenges the assessment with independent evidence and expert analysis.
If you or a loved one has been injured, contact our experienced Oklahoma City personal injury attorney at Warhawk Legal. We offer free consultations and only get paid when you win.