Sometimes liability is clear. You are stopped at a stoplight and someone rear-ends you. In that case, liability is clearly with the person who hit your car. But liability is not always that clear. In personal injury cases of all kinds, liability can be shared between the parties. Shared fault can bar recovery in Oklahoma, depending on how that fault is shared.
Oklahoma: A Modified Comparative Fault State
In Oklahoma, recovery is not barred unless the person is more at fault for their injuries than the other person or persons involved in the accident causing the injuries. The law states that contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged, or killed, is of a greater degree than the negligence of the person, persons, or entities that caused damage. Okla. Stat. tit. 23 §§ 13-15
In an accident between two drivers, if an injured party is even 49% at fault, that party can collect damages. However, if that party is 50% at fault, that party is barred from recovering damages from the other party. Okla. Stat. tit. 23 §§ 13-15
Let’s say the accident occurs on the freeway. Driver A is merging onto the freeway while Driver B, traveling in the far-right lane and seeing Driver A, speeds up to try to get instead of slowing down to allow the merge. In this case, Driver A cannot change lanes—or merge directly into the path of Driver B’s vehicle. Driver A fails to look before beginning the merge; Driver B sideswipes Driver A and Driver A is injured. In all likelihood, both drivers share some fault. As long as Driver A is not held to be 50% or more at fault, driver A can collect damages. If both drivers are found to be 50% at fault, neither can recover damages.
Damages Are Reduced in Accordance with Shared Fault
Oklahoma law requires that any person who contributes to their own injuries cannot recover damages from another in the proportion of their fault. Instead, their damages are reduced in accordance with the percentage of their own fault. So, in the above example, if Driver A is determined to be 25% at fault, their damages will be reduced by that amount. If Driver A had $10,000 in damages and is found to be 25% at fault, Driver A may only seek damages of $7500 from Driver B.
Comparative Negligence: A Thorny Area
Comparative fault is often a point of contention in personal injury cases. In cases in which facts are disputed, or in which there are multiple parties involved in the injuries, comparative negligence in Oklahoma can become a complicated issue that can result in a burden for an injured party, even in cases in which the relative fault is similar.
For example, in a traffic accident in which both drivers are injured, a jury finds:
Driver A 40% (fault) and $ 50,000 in damages
Driver B 60% (fault) and $100,000 in damages.
Here, Driver B must bear the burden of paying all of their own damages and 60 % of Driver B’s damages for a total of $130,000, or 86% of the total damages. This is true regardless of the fact that fault is remarkably similar between the two drivers.
This undue burden can make this a difficult and contentious issue between parties. Finally, when multiple parties are involved, liability issues can become even more difficult to resolve. For example, if one of the drivers involved in the accident was carrying out his employment duties at the time (ex: driving a truck for a shipping company), the employer may be held liable as well. This is known as several liability in Oklahoma.
You need to have an experienced Tulsa personal injury lawyer help you resolve complicated liability issues. Get the help you need when you need it most. Our attorneys can help you resolve all aspects of your case so that you can rest and recover from your injuries.
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