How Comparative Negligence Affects Your Personal Injury Claim

Accidents happen. One second, you are going about your day, and the next, you are dealing with injuries, medical bills, and a whole lot of frustration. If someone else is to blame for what happened, consider filing a personal injury claim for financial relief. But what if you were not entirely innocent in the situation? Maybe you were speeding a little when the other driver ran a red light, or you were not paying full attention when you slipped on a wet floor at a grocery store.

This is where comparative negligence comes into play. You are in the right place if you’ve heard the term but are unsure what it means or how it could impact your personal injury case. Oklahoma follows a specific version of comparative negligence in personal injury claims, which can make or break your ability to recover compensation.

What Is Comparative Negligence?

Comparative negligence affects how much compensation you can recover in a personal injury case if you share fault. Instead of an all-or-nothing system, courts divide blame among those involved, adjusting compensation accordingly.

For example, if you’re in a car accident where the other driver ran a stop sign, but you were speeding, the court may find you 20 percent at fault. That means your compensation is reduced by 20 percent. So, if your damages total $100,000, you would recover $80,000.

States apply this rule differently. Some follow pure comparative negligence, allowing you to recover damages even if you’re 99 percent at fault. Others, like Oklahoma, use a modified comparative negligence rule, meaning you can only recover damages if you’re less than 50 percent responsible for the accident.

How Comparative Negligence Works in Oklahoma

In Oklahoma, you can only recover compensation if you are less than 50 percent at fault for the accident. If you are found to be 50 percent or more responsible, you are out of luck – meaning you will not get a dime, no matter how severe your injuries are. This is what’s known as the 51 percent bar rule, and it is a significant factor in personal injury cases.

Here is how it works in real life:

• You are in a car wreck, and the court determines you were 40 percent at fault. Your compensation will be reduced by 40 percent, but you can still recover the remaining 60 percent.
• If the court finds you 51 percent at fault, you will not receive anything.

Because of this rule, insurance companies love trying to shift as much blame onto injury victims as possible. The higher they can push your percentage of fault, the less they have to pay – or, ideally, for them, they can push you past that 50 percent mark and pay nothing at all.

Proving Fault in Personal Injury Cases

So, how do courts and insurance companies decide fault? They look at things like:

• Police Reports – If law enforcement responded to the scene, their report could be a major factor in assigning blame.
• Witness Statements – Neutral third-party accounts can be powerful evidence.
• Traffic Camera or Surveillance Footage – A video of the accident can be hard to argue against.
• Expert Testimony – Sometimes, accident reconstruction experts are brought in to analyze what happened.
• Your Own Statements – Be careful what you say at the scene or to insurance adjusters. Admitting something like, “I was kind of in a hurry,” could be used against you.

In a personal injury claim, proving fault affects your compensation. The more blame you place on the other party, the more you recover. If the defense proves you were partially at fault, your payout decreases.

Comparative Negligence vs. Contributory Negligence

Before Oklahoma adopted the modified comparative negligence rule, it followed the stricter contributory negligence system. Under this rule, even the slightest fault on your part – just 1 percent – would prevent you from recovering any compensation.

For example, imagine you’re in a car accident where the other driver is 99 percent responsible, but you were found 1 percent at fault because you briefly adjusted your radio. In states that still use contributory negligence, that tiny mistake would completely bar you from receiving any damages, no matter how severe your injuries or losses.

Fortunately, Oklahoma’s modified comparative negligence system is more forgiving. As long as you are less than 50 percent at fault, you can still recover damages, though your compensation will be reduced based on your percentage of responsibility.

What Happens If Both Parties Are at Fault?

In most accidents, the fault is shared between both parties. Courts assess each side’s role to determine liability.

Take a car accident scenario where both drivers are equally at fault:

• Driver A runs a stop sign
• Driver B is speeding
• The court assigns each 50 percent responsibility

In a modified comparative negligence state like Oklahoma, neither driver can recover damages if they are 50 percent or more at fault. Since both share equal blame, neither receives compensation.

Why Legal Representation Matters

Insurance companies will fight to place as much blame on you as possible. They know that they don’t have to pay anything if they can push you over the 50 percent threshold. Even if they cannot do that, they will try to chip away at your compensation by increasing your percentage of fault.

• Gather and present substantial evidence to minimize your share of the blame
• Challenge insurance companies that try to twist facts against you
• Negotiate a fair settlement that accurately reflects what happened
• Take your case to trial if needed

That is why having an experienced personal injury lawyer is crucial.

Contact an Oklahoma Personal Injury Lawyer Today

If fault is being debated in your personal injury case, having a lawyer on your side is crucial. Insurance companies will try to minimize your payout, and without strong legal representation, you could end up with far less than you deserve – or nothing at all. A skilled attorney can gather evidence, challenge unfair fault claims, and fight for the maximum compensation. Don’t wait until it’s too late to protect your rights. Abel Law Firm can help. Call (405) 239-7046 or visit our contact page now to schedule a consultation and get legal support. The sooner you take action, the stronger your case will be.