Oklahoma law recognizes this through a rule known as comparative negligence. This rule determines not only whether you can recover compensation, but also how much.
At Johnson & Biscone in Oklahoma City, our experienced attorneys have spent decades working with clients to protect their rights after an accident.
Understanding Comparative Negligence
Comparative negligence is a legal principle that assigns a percentage of responsibility to each person involved in an accident.
Oklahoma uses a modified comparative negligence system. You can still recover compensation if you’re less than 51% at fault — but your award will be reduced by your share of responsibility. However, any damages awarded are reduced by your percentage of fault.
For example, if you are awarded damages after a car accident but are found 20 percent responsible, your recovery would be reduced by 20 percent. This rule applies broadly in Oklahoma, including car accidents, slip-and-fall incidents, and other situations where fault is shared.
Why Comparative Negligence Matters in Oklahoma Cases
Understanding how this rule works is important because it can directly affect the outcome of your case.
Insurance companies and courts often carefully review evidence to determine percentages of fault. Often, both sides present very different versions of what happened, and those differences can significantly alter the outcome.
Imagine a collision where one driver ran a red light, but the other was texting at the time. Both drivers share responsibility, but the question is how much fault each one should carry.
If you are found more than 50% at fault, you cannot recover any compensation. This is why having a lawyer who knows Oklahoma law and has experience challenging unfair fault assignments makes such a difference.
How Johnson & Biscone Helps
At Johnson & Biscone, you will talk directly with one of our attorneys who understands the details of negligence law in Oklahoma. With more than 100 years of combined legal experience, our team is ready to guide you through the process and ensure your side of the story is heard.
Call us today at 405-232-6490 to schedule your free case review.
