Being involved in a semi-truck accident can be overwhelming. With the size and weight of these vehicles, the injuries and damages are often severe. But what if you believe you were partially at fault for the crash? Can you still recover compensation?
In Oklahoma, the answer is yes, as long as you are less than 50% at fault, you may still recover damages. This is because Oklahoma follows a modified comparative negligence law. Your compensation, however, will be reduced in proportion to your percentage of fault.
For example, if you are awarded $200,000 in damages but are found 30% responsible, you would still be able to recover $140,000. If you are 51% or more at fault, you cannot recover compensation.
Hiring an experienced Oklahoma City semi truck accident lawyer is important to reduce your percentage of fault to maximize your compensation.
Why Fault in Semi-Truck Accidents Is Complicated
Truck accident cases are often more complex than regular car accidents because multiple parties may share liability, such as:
- The truck driver for reckless, distracted, or fatigued driving
- The trucking company for negligent hiring, training, or failing to follow safety regulations
- Cargo loaders, if improperly loaded cargo, contributed to the crash
- Manufacturers or maintenance companies, if defective parts or poor maintenance caused the accident
Because several parties may be involved, insurance companies and defense lawyers often try to push as much blame as possible onto injured victims to reduce payouts.
Proving Fault in an Oklahoma Semi-Truck Accident
To recover compensation, you must prove that the truck driver or another party was at least 50% responsible for causing the accident. Most cases are based on negligence, which means showing that:
- Duty of Care: Truck drivers, companies, and others owed you a legal duty to act safely.
- Breach of Duty: They failed in that duty, such as by speeding, driving fatigued, or ignoring federal safety rules.
- Causation: Their negligence directly caused the crash.
- Damages: You suffered injuries and financial losses as a result.
Evidence in truck cases often includes electronic logging devices (ELDs), driver qualification files, inspection records, and black box data, in addition to photos, witness testimony, and accident reports.
How Comparative Negligence Impacts Truck Accident Claims
Under Oklahoma Statute §23-13, you can still pursue compensation if you are 50% or less at fault. Under §23-14, your recovery is reduced by your share of fault.
- Less than 50% at fault, you can recover damages, reduced by your percentage of negligence.
- 51% or more at fault, you are barred from recovery.
Because of the high stakes and aggressive tactics insurers use, having an attorney who understands comparative negligence is crucial to protect your right to fair compensation.
Contact Warhawk Legal Today
If you were injured in a semi-truck accident in Oklahoma, even if you believe you may share some of the blame, you may still have the right to compensation.
At Warhawk Legal, our attorneys know how trucking companies and insurers operate. We will fight to minimize any fault assigned to you and pursue the maximum recovery possible.