400 N Walker Ave #130, Oklahoma City, OK Phone: (405) 605-2426
Pure Contributory Negligence vs. Comparative Fault
There are two systems for allocating fault: contributory negligence and comparative fault.
“In all actions hereafter brought… for negligence resulting in personal injuries or wrongful death, or [property damage], contributory negligence shall not bar a recovery, unless any negligence of the [plaintiff] is of greater degree than any negligence of the [defendant], or unless any negligence of the [plaintiff] is of greater degree than the combined negligence of any [defendants].”
In everyday language, this statute says that a plaintiff’s contribution to his or her own accident won’t necessarily prevent him or her from obtaining compensation (“shall not bar a recovery”), as long as the plaintiff had a lesser degree of fault than the defendant. If Oklahoma was a pure contributory negligence state, recovery could be barred even if the defendant was 99% at fault for the accident.The reduction of damages to reflect partial fault is provided by Okla. Stat. Ann. Tit. 23 § 14, which states the following:“Where… contributory negligence is shown on the part of the [plaintiff], the amount of the recovery shall be diminished in proportion to [the plaintiff’s] contributory negligence.”
What Steps Should I Take to Get My Car Repaired After an Accident in Oklahoma?
After an accident in Oklahoma, follow these steps for car repairs. First, ensure your safety and call the police to file an accident report. Gather all necessary documentation, including photos and witness statements. Contact your insurance company and report the incident. Get a written estimate for the repairs from a trusted auto repair shop. Finally, keep records of all expenses incurred during the repair process.
What Does the Plaintiff Have to Prove to Be Awarded Compensation?
Regardless of whether fault is shared or lies solely with the defendant, the plaintiff must always be able to prove four elements to be awarded compensation:- The defendant had a duty of care toward the plaintiff. Proving this element in car accident cases is fairly straightforward because all drivers have a duty of care toward all other drivers. All motorists must obey traffic laws to reduce the risk of foreseeable deaths or injuries – in short, to drive safely.
- The defendant breached or violated his or her duty of care. This might involve taking an improper action (such as running a red light) or failing to take necessary action (such as failing to stop at a stop sign). Other common examples of negligent and reckless driving behaviors include speeding, following too closely (“tailgating”), failing to observe right-of-way, making improper left turns, failing to stop at a pedestrian crosswalk, and texting while driving or otherwise failing to pay adequate attention to the surrounding environment.
- The defendant’s breach of duty resulted in personal injury, property damage, and/or wrongful death. This element is known as “causation.” The plaintiff must prove both actual causation and proximate (legal) causation.
- The plaintiff suffered physical or emotional injuries and/or property damage. This element is known as “damages.”