When you’re injured in a car accident involving multiple parties, insurance companies often make it difficult to seek compensation for your damages. Car accidents typically involve many complex factors, so the insurance company may decide that you’re partially at fault for what occurred.
So, how does partial liability affect your ability to seek compensation for your medical expenses and property damage? Read on from our experienced Oklahoma accident attorney team at Bryan Garrett, PLLC, to learn everything you need to know about partial fault cases in Oklahoma.
Comparative Negligence in Oklahoma
All states in the USA follow one of two laws regarding car accident claims for personal injuries: contributory negligence or comparative negligence.
Oklahoma is a comparative negligence state, which means you may still seek compensation if you are less than 50% responsible for the accident. If the jury finds you 50% or more responsible, you will not be able to seek funds.
Seeking Compensation Based on Your Comparative Fault
Comparative fault claims reduce your compensation amount by the percentage you are found responsible for. For example, if you assume 30% liability for an accident, you will only be eligible for 70% of the compensation. Because of how this law works, assuming partial liability can reduce your compensation, preventing you from getting full coverage for your damages.
Why an Insurance Company May Want You to Assume Partial Liability
An insurance company may want you to assume partial liability for an accident to reduce the total compensation it owes. Insurers want to pay as little as possible, so they often will find minute reasons why you may have contributed to the accident.
For example, say you entered an intersection with a green light and another vehicle ran a red light coming from the other direction and hit you. In this scenario, you may think it’s obvious that you were following traffic laws and the other driver was at-fault, though the insurance company may claim that you should’ve seen the approaching vehicle and stopped in time.
In a scenario like this, you could end up assuming partial liability for an accident unless you seek legal representation from an experienced Oklahoma accident attorney.
Seeking Maximum Compensation with an Accident Attorney
A car accident attorney protects your rights and helps you seek maximum compensation for your accident by trying to reduce or eliminate your partial liability. In the example above, an attorney from our team might find witnesses from the accident scene who can attest to you not having enough time to stop and avoid the wreck. Your attorney will investigate the accident to make a true determination of who is and isn’t at fault.
With the help of an experienced Oklahoma accident attorney, you can seek compensation for the following:
- Past, present, and future medical expenses
- Lost wages
- Property damage
- Punitive damages
- Pain and suffering
- And more
What to Do After an Accident in Oklahoma
If you have an accident, take the following steps to support your case, whether you were partially at fault or not:
- Call the police to file an official report
- Do not claim any portion of liability to the reporting officers on the scene
- Take photos of all injuries and damages on the scene
- Collect information from all involved parties
- Gather contact info from potential witnesses (if possible)
- Seek a confirmed diagnosis for your injuries
- Do not speak with insurance agencies about injuries or liability without an attorney
- Continue all recommended treatments for your injuries
Were You Partially at Fault in a Car Accident? Contact Bryan Garret, PLLC, Today
Don’t settle for less than your case is worth. Contact Bryan Garrett, PLLC, in Oklahoma City at (405) 972-6960 to speak with an experienced Oklahoma accident attorney about your case today.