SKIP TO CONTENT“Why didn’t you watch where you were going?” The other driver screams at you after an Oklahoma car accident. “This is your fault. You’ll never see a penny out of me!”
Now you’re worried. What if you truly are partially at fault? Will you still be able to win a settlement?
It’s possible, but it depends on how much of the fault lies with you. So let’s discuss Oklahoma’s comparative negligence rule and what to do if you believe you’re partially at fault.
Are You Eligible for Compensation if You Were Partially at Fault?
In some states, courts block you from seeking compensation if you’re just 1% at fault. In others, you can recover damages even if you’re 99% at fault. Oklahoma, like many states, follows comparative negligence rules.
This means you can recover damages as long as you’re less than 50% at fault. If you’re 50% or more at fault, the court will bar you from seeking compensation.
Under comparative negligence rules, your settlement will be reduced by your amount of fault. For example, suppose the jury finds you 30% at fault. You would only be able to recover 70% of your damages.
What Damages Can You Recover for an Oklahoma Car Accident?
If you’re not 50% or more at fault, you can recover economic and non-economic damages. Economic damages have a fixed dollar value and, thus, are fairly easy to calculate. Examples include medical expenses, lost wages, and property damage.
Non-economic damages don’t have a set dollar value. They include emotional anguish, loss of consortium, pain and suffering, and other related losses.
How Do Insurance Companies Handle Fault Determination?
Insurance companies don’t determine fault on a whim. They investigate your Oklahoma car accident, which includes reviewing photos of the damage, police reports, and medical treatment records. They’ll also compare your statement to eyewitness accounts. In some cases, they may hire an accident reconstructionist.
After reviewing the evidence, the insurance company may decide that one driver is fully at fault or that both drivers are partially at fault. If both are to blame, the insurance company assigns each a percentage of fault.
Why might an insurance company want to assign fault to you? The main reason is to pay you as low a settlement as possible. The more at fault you are, the lower your settlement will be.
What Should You Do When You Think You’re Partially at Fault?
If you think you may be partly at fault for the accident, tread carefully. Doing or saying the wrong thing could harm your case. If you’re not careful, you may not end up with a settlement at all.
Here’s what to do to maximize your insurance settlement:
- Call the police to the scene and file an accident report. When talking to the police, do not say that you think you were at fault. Let them come to their own conclusions.
- Take pictures of the damage to your car, the accident scene, blocked road signs, and broken traffic lights.
- Search for witnesses and ask for their statements. Write down their contact details for your lawyer.
- Don’t talk to any insurance company until you’ve retained representation from a lawyer.
Are You Partially at Fault for Your Accident? Our Firm Will Fight for a Fair Settlement
Don’t let a fair settlement slip through your fingers just because you might be partially at fault for your Oklahoma car accident. Bryan Garrett, PLLC, will fight aggressively to minimize your level of fault in pursuit of a suitable settlement. The firm works on a contingency fee basis, so you don’t owe if you lose your case.
For accident attorney representation, call (405) 839-8424.
