Yes. Oklahoma follows a modified comparative fault rule (23 O.S. § 13 and § 14): you can still recover compensation as long as your fault does not exceed 50 percent. Your award is simply reduced by your share of fault, so a $100,000 verdict with 30 percent fault assigned to you pays $70,000 instead of nothing.
Oklahoma’s Modified Comparative Fault Rule
Some states still follow pure contributory negligence, a rule where being even 1 percent at fault can erase your entire claim. Oklahoma rejected that approach. Instead, Oklahoma follows a modified comparative fault system, and our attorneys who handle Oklahoma City car accident claims can help you understand where your case falls under it.
- You can recover damages as long as your fault does not exceed the combined fault of the other party or parties.
- Your recovery is reduced by your own percentage of fault.
- Recovery is barred only once your fault exceeds 50 percent. At exactly 50 percent fault, you can still recover, just at a reduced amount.
This standard comes from 23 O.S. § 13 and § 14, which state that a plaintiff’s own negligence does not bar recovery unless it exceeds the combined negligence of the defendant or defendants named in the case. For a closer look at how courts apply this doctrine, see how Oklahoma’s comparative fault rules affect different types of claims.
How Partial Fault Affects Your Compensation
To recover money, whether fault is shared or not, you still need to prove four elements: the other driver owed you a duty of care, they breached that duty, the breach caused the crash, and the crash caused compensable damages, which can include medical bills, lost wages, property damage, and emotional harm such as post-traumatic stress following a crash.
An insurance adjuster or defense attorney will try to shift as much fault onto you as possible, because every percentage point they add reduces what they owe. Knowing how fault gets determined after an Oklahoma car accident can help you push back on an inflated fault estimate.
The math is straightforward once fault is set. If a jury or adjuster values your claim at $100,000 and assigns you 30 percent fault, you recover $70,000, not $100,000 and not zero. The same reduction applies to the other factors that can raise or lower a settlement offer, so it is worth having your fault percentage reviewed before you accept a number from the insurance company.
FAQs
What Is Oklahoma’s 50 Percent Bar Rule?
Oklahoma bars recovery only when your fault exceeds 50 percent. At exactly 50 percent fault, or anything below it, you can still recover a reduced award. If your fault is found to exceed 50 percent, you cannot recover anything.
Can I Still File a Claim If I Was Partially at Fault?
Yes. As long as your share of fault does not exceed 50 percent, you can file a claim and recover damages reduced by your percentage of fault.
The Insurance Company Says I’m Partially at Fault, But the Other Driver Was Clearly Negligent. Can I Still Get Money?
Possibly. Insurance adjusters often assign fault percentages that favor their own policyholder. Police reports, witness statements, and dashcam or traffic camera footage can all be used to challenge an inflated fault estimate. The Oklahoma Insurance Department also publishes common myths about how auto insurance claims get evaluated, which is worth reading before you accept any settlement.
Are There Exceptions to the Comparative Fault Rule?
Yes. Comparative fault applies to ordinary negligence claims. It does not shield a defendant in cases involving intentional torts, negligent entrustment of a vehicle, or dram shop liability, where different legal standards apply.
What if I Was Mostly or Fully at Fault for the Accident?
If your fault is 50 percent or less, you can still recover a reduced award under the rule above. If you were found more than 50 percent at fault, read what happens if you’re found fully at fault for a crash to understand your options.
If you’re not sure how big a role your own actions played in the crash, Hasbrook & Hasbrook can review the police report, photos, and the insurance company’s fault assessment with you before you accept any settlement offer.
