The Impact of Shared Fault
Hi, my name is Mike Ashworth and I have here the 12 most commonly asked questions I get here in Tulsa and other parts of the state I should say as well. I’ve been doing this for almost 40 years and I’d like to share with you my thoughts having worked in the insurance defense industry for many years for some of the largest insurance companies in the state of Oklahoma and in the nation. And half of my career was as a prosecutor, but now I’m trying to help people that are hurt.
Question number two that I received recently, how does shared fault affect my compensation if I’m partially to blame for an accident in Oklahoma? That’s a good question because a few years ago that entire formula changed in Oklahoma. We now have what’s called joint and several liability in terms of defendants which significantly changed the law, but I’m not going to worry about that. I want to talk to you about the broader scheme of things that’s known as comparative negligence.
In other words, you have a person that gets hurt in a motor vehicle accident for example, and you have a person that caused the motor vehicle accident. Well, what happens if this person is found to have 60% fault for the accident and you’re found to have 40% fault? You did something that contributed to the accident. You did something like maybe you were not attentive. You may have not gotten your car adequately maintained. You may have been going too fast as well, but this individual still blew a red light. You may have done something that compares to them in such a way that you’re partly at fault, they’re partly at fault.
Understanding Comparative Negligence
What does that do? What that means is whatever your recovery is, whatever amount of money you’re going to get is going to be paid 60% by the more at fault party. If you go to a jury trial, what would happen is whatever the jury verdict is would be reduced by 40% fault to you. So you have 100% of the money that the jury awards, well that’s going to be reduced by 40% because of your portion of the fault.
If you find yourself in a situation where you may be partially to blame for an accident in Oklahoma, it’s important to understand how shared fault can impact your compensation. The concept of comparative negligence comes into play when determining the amount of money you’ll receive. Essentially, if you’re found to have a percentage of fault, your recovery will be reduced by that same percentage. For example, if you’re deemed to be 40% at fault and the jury awards you $100,000, your final compensation would be $60,000 after deducting your portion of the fault.
Contact Us for a Low-cost Consultation
If you have any further questions or concerns about shared fault and its effect on your compensation, don’t hesitate to reach out to us. At TulsaPersonalInjuryLawyer.Pro, we specialize in personal injury cases and can provide you with the guidance and representation you need. Call us at 918-924-5528 for a initial consultation and let us help you navigate through the legal process. Remember, we’re here to make law easy for you.
