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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.
It is important to know the differences between comparative negligence and contributory negligence. These legal concepts play a key role in personal injury claims in Oklahoma. These legal doctrines explain how fault is shared. They also affect the damages an injured party can recover.
At Hasbrook & Hasbrook, we have experienced personal injury lawyers. Our team ensures fair outcomes for you. Learn more about how cases unfold under Oklahoma’s fault rules.
What Is Comparative Negligence?
Comparative negligence is a legal concept where parties share responsibility for an accident. Each party’s fault is assessed, and the percentage of fault lowers compensation if they are 50% or less at fault.
If you are 30% at fault in a car accident, your compensation is reduced by 30%. This ensures damages are divided fairly based on each party’s contribution.
Oklahoma uses the modified comparative fault rule, where the amount injured parties can recover is limited if they are found to be partially to blame for the accident.
How Comparative Negligence Works in Oklahoma
Oklahoma uses a modified comparative negligence system, defined under 23 O.S. § 13. This rule allows recovery by injured parties as long as their fault was no greater than 50 percent. If the plaintiff’s fault is 51% or more, they cannot recover damages.
This system reduces the plaintiff’s compensation based on their percentage of fault. It also holds each party legally responsible for their actions. This promotes accountability under comparative negligence law.
Role of Percentage of Fault in Reducing Compensation
In comparative negligence law, the fault is assigned to each party. The percentage of fault reduces the compensation they can recover. If you are found 20% at fault for a car accident, your damages will decrease by that percentage.
This approach ensures fairness by showing each party’s role in the accident. It holds the defendant and plaintiff legally responsible for their share of the fault. This method applies to both pure comparative negligence and modified systems. It ensures damages match each party’s accountability.
What Is Contributory Negligence?
The contributory negligence doctrine is a strict legal rule. It prevents accident victims from recovering damages if they share any fault. Even if the plaintiff is slightly responsible, they cannot recover damages from the other party. Please note that Oklahoma does not follow this doctrine.
This approach, rooted in common law, creates huge challenges for plaintiffs. For example, speeding slightly over the limit during an accident could stop you from collecting any damages. This applies even if the defendant failed to meet their legal duty or was mostly responsible. This system deeply impacts victims. It is especially challenging in cases requiring proof of fault through duty of care or expert witness testimony.
How Contributory Negligence Bars Recovery in Some Cases
In personal injury cases, the contributory negligence rule prevents collecting damages if you share any fault. For instance, speeding or failing to signal a left turn can make you partially at fault. This makes the contributory negligence doctrine particularly harsh.
Under this rule, even minor actions that breach your duty of care may result in losing your right to compensation. This strict approach often leaves plaintiffs unable to recover for their injuries. Reach out to us if you need help clarifying the difference between contributory and comparative negligence.
Key Differences Between Comparative and Contributory Negligence
The main difference is how fault is assigned. It also affects how compensation is determined. Comparative negligence allows the fault to be shared. The plaintiff can recover damages, but their percentage of fault reduces the amount. The pure comparative negligence rule reduces compensation proportionally. Modified comparative negligence prevents recovery if the plaintiff is mostly at fault.
In contrast, contributory negligence is stricter. The contributory negligence rule bars any recovery if the plaintiff is partially at fault. Many view comparative negligence as fairer because it considers varying degrees of responsibility in personal injury cases, unlike the rigid contributory negligence and comparative systems.
Compensation Limits Based on State Laws
State laws significantly impact compensation limits in personal injury cases. In comparative negligence states, your compensation is reduced by your fault percentage. In contributory negligence states, you may get nothing if you share any fault.
Knowing your state’s negligence laws is important. It helps you understand what you can recover in a personal injury lawsuit.
Which Approach Oklahoma Follows (Comparative Negligence)
Oklahoma uses the modified comparative negligence approach. This helps plaintiffs recover damages if they are not mostly at fault.
This system assigns fault in a balanced way. It ensures accident victims receive fair compensation. The amount is based on their level of responsibility.
Examples of How These Rules Apply in Real Accidents
Imagine a car accident where you run a red light and collide with another vehicle. Under comparative negligence, both parties’ faults are assessed. If you are 40% of the fault, and the other driver is 60%, your compensation decreases by 40 percent.
You and your employer may share responsibility if you are injured in a workplace accident. Comparative negligence ensures damages are divided fairly. Each party’s contribution to the incident determines the amount.
These examples show how comparative negligence works. It provides a fair way to assign fault and helps determine compensation in different accident situations.
Case Study of Comparative Negligence Allocation
Consider a car accident in Oklahoma where two drivers collide at an intersection. Driver A failed to yield the right of way while Driver B was speeding. After evaluating the situation, the court determines that Driver A is 40% at fault, and Driver B is 60% at fault.
Driver A can recover 60% of the total damages. Driver B gets nothing because they are over 50% at fault. This example explains how Oklahoma’s modified comparative negligence system works. It shows how fault and damage are divided.
Understanding How Fault Is Shared in Multi-Vehicle Collisions
Multi-vehicle collisions complicate fault determination, as multiple parties may share responsibility. Comparative negligence helps in these cases. It allows the court to assign fault percentages to each driver.
For instance, in a three-car pileup, each driver’s actions are evaluated individually. The court assigns fault to each party. Compensation is based on their contribution to the accident. This approach simplifies the legal process and promotes equitable outcomes for all involved.
Why You Need an Oklahoma City Car Accident Lawyer To Help You After a Car Crash
Working through the challenges of comparative negligence requires expert legal assistance. An Oklahoma City auto accident lawyer will be able to gather significant evidence. This includes police reports and witness statements. These are key to supporting your personal injury claim.
A lawyer will negotiate with insurance companies for you. This helps ensure you get fair compensation. They also guide you through the legal process. This includes evaluating your case and representing you in court if needed.
A strong car crash lawyer can considerably improve your chances of success. They handle your case so you can focus on recovering from your injuries.
Reach Out To Our Oklahoma City Car Accident Lawyer for a Free Consultation
At Hasbrook & Hasbrook, our dedicated Oklahoma City car accident lawyers are here to help. We understand accident victims’ challenges, from medical bills to lost wages. Our case results demonstrate the dedication we bring to our clients.
Let us guide you through your personal injury claim and fight for the compensation you deserve. Whether it’s negotiating with the insurance company or building a strong case, we’re by your side. Contact us today for a free consultation, and let us help you recover what you deserve.