What to Know About Comparative Fault and Shared Liability
Unlike the handful of states with no-fault insurance laws, it matters who causes an accident or injury in Oklahoma. Oklahoma’s fault-based accident and insurance laws require an injury victim seeking compensation for their losses to file a claim against the at-fault party; however, it’s crucial to fully understand the state’s comparative fault system and how shared liability—either a third party’s or your own—impacts your claim.
Navigating these complexities is often best handled with the guidance of a personal injury lawyer who understands the local court systems. An Oklahoma City personal injury attorney can help you maximize your financial recovery, so you can focus on your physical one.
Understanding Comparative Fault in Oklahoma
Oklahoma § 23-15 (Comparative Negligence) states the following:
“In any civil action based on fault and not arising out of contract, the liability for damages caused by two or more persons shall be several only, and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor.”
In other words, depending on the results of the investigation, several parties could bear fault for an accident or injury. In these cases, each individual or entity is responsible for their share of the damages. When multiple parties are involved, a personal injury lawyer can help ensure that liability is distributed fairly and accurately.
In some cases, the injury victim may have contributed to the cause or severity of their injury. The law describes this as follows:
“Where such contributory negligence is shown on the part of the person injured, damaged, or killed, the amount of the recovery shall be diminished in proportion to such person’s contributory negligence.”
The insurance company reduces the payout on a compensation claim by the amount of the injury victim’s fault. While this portion of the law benefits an injury victim who truly contributed to their own injury by allowing them to recover part of their total damages as long as they are less than 50% at fault, it also strongly incentivizes an insurance company to assign a percentage of fault to the injury victim. This is why having a personal injury attorney to challenge unfair fault assessments is vital.
How Does an Insurance Company Use Comparative Fault Against Injury Victims?
The insurance companies of the involved parties assign insurance adjusters to investigate the case. The adjuster assigns a percentage of fault to each party. In some cases, it’s clear that one party is 100% responsible. For example, when a drunk driver hits a pedestrian with the right of way in a crosswalk, the driver is 100% at fault and the injury victim 0%. In this example, the injured party would recover the full value of their claim, up to the policy limits.
In another example, imagine a hotel pool has a cluttered pool deck close to the deep end of a pool, and a hotel guest trips, bumps their head, and nearly drowns after falling into the pool, suffering a hypoxic brain injury that requires hospitalization. Their injury damages total $100,000. But what if the insurance adjuster sees on security footage that the injury victim was running when they tripped and fell, despite a sign prohibiting running on the pool deck? They could choose to assign the injured party 40% fault, reducing a $100,000 claim to a $60,000 payout.
In this case, a premises liability attorney would aggressively defend their client’s right by documenting compelling evidence of management negligence to shift liability back to the hotel, such as citing other injuries or close calls on the hotel’s records.
An Oklahoma City Personal Injury Lawyer Is an Invaluable Ally
In a comparative negligence state like Oklahoma, an injury victim needs experienced legal representation. An Oklahoma City personal injury attorney defends your rights and safeguards your best interests throughout every step in the process of your case. Contact the personal injury lawyers from Dan Davis Law today for a free consultation.