Oklahoma uses a legal rule called the modified comparative negligence doctrine to decide how compensation is awarded when more than one party shares responsibility for an accident. Here’s what you need to know about how this doctrine works and why it matters for personal injury cases in Oklahoma.
What Is Comparative Negligence?
Comparative negligence is a legal concept that assigns fault to all parties involved in an accident. Instead of one party being entirely to blame, a court or jury determines what percentage of fault belongs to each party. This percentage then impacts how much compensation an injured person can receive.
Oklahoma’s Modified Comparative Negligence Rule
Oklahoma follows a modified comparative negligence system under 23 O.S. § 13. Under this rule:
- If you are less than 51% at fault, you can still recover damages, but the court will reduce your award by your percentage of fault.
- If you are 51% or more at fault, you cannot recover any damages at all.
This is what many refer to as the “51% bar rule.”
Example of How It Works
Imagine you are injured in a car accident and sue the other driver for damages. The jury finds:
- The other driver is 70% at fault.
- You are 30% at fault (maybe for speeding or not wearing a seatbelt).
If your total damages are $100,000, you can recover 70% of that amount, or $70,000.
However, if the jury determined you were 55% at fault, you would recover nothing under Oklahoma’s modified comparative negligence rule.
Why Does This Rule Matter?
This doctrine has a major impact on personal injury cases, including:
- Car accidents
- Slip and fall cases
- Construction injuries
- Medical malpractice claims
Insurance companies often use comparative negligence to reduce payouts, arguing the injured person is partly at fault. Understanding how the rule works can help you prepare for these arguments.
How to Protect Your Rights
If you’ve been injured and fault is being disputed, evidence matters. Photos, accident reports, witness statements, and expert testimony can help show the other party’s responsibility and minimize your percentage of fault.
Wagoner Personal Injury Attorneys
We handle personal injury cases throughout Oklahoma and understand how comparative negligence impacts your recovery. Whether you’re trying to gather strong evidence, challenge unfair fault claims, or fight for the compensation you deserve, our team here at Wagoner County Attorneys is here. If you need help, reach out to us at 918-283-7394 or ask a question online.
