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Comparative Negligence in Oklahoma

It is well known that if you are injured as a result of another person’s misconduct or negligence, you are entitled to compensation from the party who caused your injury. For example: you were driving and came to a stop at a stop sign and another person rear ended your vehicle. Obviously, they are at fault and responsible for any property damage and any personal injuries you suffered.

However, if one person is speeding, but the other driver did not use their turn signal when merging into their lane, resulting in a collision, there is some level of fault for both parties. The specific actions of each party will directly affect the compensation they receive for their injuries, and it is entirely possible that no single person will be deemed responsible for the accident. Oklahoma specifically has modified comparative fault laws, which follow a “50 percent rule.” The law states, “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,” and vice versa. If you are found to be over fifty percent (50%) responsible for the accident in question you may not receive any damages. However, if you are found to be under fifty percent at fault then the Court will reduce the amount of judgment in proportion to the amount of negligence apportioned to you by the jury.

If you are in need of an experienced attorney, call Keith & Associates Legal, PLLC today at 918-574-8500. We can help you navigate the waters ahead.

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