Insurance companies are extreme critics in determining who is at fault when a car accident occurs in Oklahoma City. They analyze various factors to decide which driver should be responsible for damages and injuries. Understanding how these decisions are made can help you if you are ever in a serious car accident, injury, or crash.
Knowing the process can also prepare you to gather necessary information from the accident scene. At Hasbrook & Hasbrook, we would be honored to help you.
Insurance companies use a set of rules to figure out faults in car accidents. Their decision affects how much money each person involved might have to pay or the maximum compensation they receive. An experienced car accident lawyer can challenge their decisions and work to protect your rights.
Legal Definition of Fault in Oklahoma
In Oklahoma, fault in a car accident is the responsibility for causing the accident due to negligent or reckless behavior by a negligent driver.
Oklahoma uses a “modified comparative negligence” system, which will affect how much compensation you can recover. If you are found to be partially at fault, your compensation could be reduced.
Oklahoma’s laws are designed to ensure that everyone pays for the mistakes they make on the road. If drivers are more than 50% at fault, they cannot recover damages. This rule pushes drivers to be more careful since their actions directly impact their ability to prove fault and to receive compensation after an accident. Understanding this can significantly affect how you handle your car accident claim.
Importance of Fault in Insurance Claims
The determination of fault is crucial because it directly affects insurance payouts. When an insurance company decides one driver is at fault, another driver‘s insurance typically pays for repairs, medical expenses, and other losses. This is why insurance companies take great care in accurately determining faults. They want to ensure that the right party pays for the damages.
The fault also impacts your future insurance premiums. Being found at fault in a car accident can lead to higher rates because you are considered a higher risk. Having a car accident attorney who can argue for a fair assessment and admit fault in the incident is more important.
Comparative Negligence in Oklahoma Car Accident Cases
Oklahoma follows a modified comparative negligence rule in car accidents. You can still recover compensation even if you are partly at fault, as long as you are not more than 50% responsible.
For example, if you are found 25% at fault in a car crash, your compensation will be cut by 25%. This system allocates damages to reflect each party’s responsibility for the accident.
Factors Insurance Companies Consider in Determining Fault
Insurance companies consider several key factors to determine fault in a car accident. These factors help adjusters decide who was more at fault and how much compensation should be paid to accident victims.
Police Reports and Accident Documentation
Police reports are crucial for assigning blame. They contain details about the accident, including statements from drivers, witnesses, police officers, and observations from those who responded to the scene. Insurance companies use these reports to get a clear picture of what happened.
Eyewitness Testimonies and Statements
Statements from people who saw the accident can also influence the insurance company’s decision. Eyewitnesses can provide unbiased accounts of the accident, which can be crucial for determining who was at fault. These testimonies often support or contradict the two drivers involved‘ versions of events.
Traffic Laws and Violations Involved in the Accident
Violations of traffic laws are clear indicators of fault. If a driver was speeding, ran a red light, or broke other traffic laws, they will likely be found at fault for the accident. Insurance companies carefully review the police report to check whether any traffic laws were violated at the time of the accident to help them determine fault.
Physical Evidence and Accident Reconstruction
Sometimes, insurance companies use experts to have accident reconstructionists reconstruct the accident based on physical evidence from the scene, such as skid marks and vehicle damages. This helps them understand how the accident happened and which driver was more at fault.
Examples of Accidents and Probable Fault
Different types of car accidents often have typical fault patterns that insurance companies recognize. Some of the most common examples of at-fault drivers in accidents we see include:
Rear-End Accidents
In most rear-end accidents, the driver who hits the car in front is typically considered at fault. This is based on the driving principle that each motorist must maintain a safe following distance and allow adequate room to stop without causing a collision.
T-Bone Accidents
T-bone accidents occur when the front or rear of another car strikes the side of one car. This usually happens at intersections. In these incidents, the driver who fails to yield the right of way is usually at fault.
Determining liability in T-bone accidents can depend on witness statements and traffic camera footage. These accidents are typically severe, so establishing fault accurately is crucial for the affected parties’ own insurance coverage and legal resolutions.
Head-On Collisions
Fault in head-on collisions is frequently assigned to a driver going the wrong way or crossing into oncoming traffic. These and most car accidents are often severe and clear in terms of fault determination. This can be a deal type of car accident.
Multi-Car Accidents
Determining fault in multi-car accidents can be complicated because of multiple parties’ actions may contribute to the accident. Insurance companies must examine several factors and drivers’ actions in these cases. You need a lawyer in your corner if multiple cars are involved in the accident.
Challenges in Fault Determination
Determining fault in a car accident can be a complex and challenging process. Below are some of the key challenges that can arise during fault determination in car accidents:
- Multiple conflicting stories: When drivers and witnesses provide different accounts of what happened, it can be challenging to determine the truth.
- Lack of physical evidence: Sometimes, there isn’t enough physical evidence at the accident scene to determine who was at fault.
- Complex accident scenarios: Some accidents involve poor road conditions or mechanical failures, complicating fault determination.
- Injuries affecting testimonies: Severe car accident injuries can impact a driver’s ability to provide a clear account of the accident, complicating the determination process.
- Insurance company biases: Sometimes, insurance companies might lean towards decisions that benefit them financially rather than being entirely fair.
How Our Car Accident Lawyer Fights for You
When you’ve been involved in a car accident, having a dedicated and skilled legal team on your side can make all the difference in securing the compensation you deserve. Our car accident lawyers are committed to fighting for your rights and ensuring you receive a fair compensation outcome.
Here’s how we advocate for you:
- Gather evidence: Our experienced car accident lawyers will gather comprehensive evidence to support your claim, ensuring all relevant facts are considered.
- Negotiate with insurance companies: We negotiate directly with insurance adjusters to ensure they offer a just settlement covering all damages and medical expenses.
- Challenge fault determinations: If the insurance company’s fault determination is unfair, we will challenge their findings and argue for a more favorable outcome for you.
- Take your case to court, if necessary: In some cases, we might not receive a fair settlement offer. This can even be true in cases of catastrophic injuries. In this case, we will take your case to court to fight for what is right.
Call Our Oklahoma City Car Accident Lawyer for a Free Case Consultation
A skilled Oklahoma car accident attorney is important if you’re involved in a car accident in Oklahoma City. Hasbrook & Hasbrook is ready to take on your car accident case. Don’t let insurance companies decide your injury and fate without a fight.
Our car accident lawyers are here to ensure that your side of the story is heard and you receive the compensation you deserve. Call us today to get your claim started.