You may be worried about the financial impact of a car accident. How much will it cost to repair your car? How much medical debt will you have because of your injuries? How will you pay bills if you cannot go to work?
A car accident claim, if successful, can help you recover compensation for your financial losses. Before a claim can be settled, however, issues of liability have to be settled. Was the accident wholly the other driver’s fault, or do you share responsibility? This is where comparative negligence comes into play.
What is comparative negligence?
The big question after a car accident is how much you can recover from a legal claim. The damages you can recover may depend on each party’s percentage of fault. Oklahoma follows a modified comparative negligence system. Under this state’s rule, a plaintiff can recover damages as long as their percentage of fault does not exceed 51 percent.
There are a few ways a driver’s percentage of fault can be determined, including the following:
- Police reports: Documentation from an officer can include notes on traffic violations, involved parties and a list of parties possibly responsible for the accident.
- Witness statements: People may provide statements that detail what they witnessed during a car accident and who may have caused it.
- Video recordings: Traffic cameras, dash cameras and surveillance video can be used to review a car accident.
The important thing to remember about modified comparative negligence is that compensation may be reduced based on each party’s percentage of fault. This means that the plaintiff may not receive full compensation to cover their losses if they are partially at fault.
Professional legal guidance can help car accident victims recover maximum compensation for their injuries and losses.
