What If I Am Partly to Blame for a Car Accident in Oklahoma?

Tony Edwards | | Auto Accidents
Two men talking car crash for their insurance claims.

Car accidents can be nerve-wracking, but things get especially stressful if the other driver accuses you of being partially or entirely at fault for the crash. You may find yourself worrying about how you can defend yourself, who will pay for the medical care you need, and whether you will owe the other driver money.

If you were involved in an Oklahoma car accident, the respected attorneys of Edwards & Patterson Law can help you seek fair compensation for your losses, even if you were partly to blame.

Contact us today for a free initial consultation to learn how we can protect your rights and help you navigate every aspect of your Oklahoma car accident claim.

Can I Still Recover Compensation If I’m Found Partially Responsible?

The short answer is yes. You can still secure compensation if you are found partially responsible for an Oklahoma car accident. However, some important legal limits could affect your right to seek money for your accident-related losses.

When you file an injury claim or personal injury lawsuit after an Oklahoma car accident, any money you obtain is intended as compensation for your losses. In this case, your losses are the personal and financial costs of any injuries or property damage you sustained due to the accident. These include medical bills, lost wages, pain and suffering, and the cost of repairing or replacing a damaged vehicle.

Oklahoma’s comparative negligence laws might limit how much money you can recover for your accident-related losses if you were partially at fault for the accident. Under Oklahoma law, the amount of compensation you receive from an accident claim may be reduced in proportion to your percentage of blame for the crash.

Let’s say you were 20 percent at fault for an accident that cost you $10,000 in medical bills and other losses. If you file a successful claim, the most you could recover would be 80 percent of your total losses, or $8,000.

If you are found to be more than 50 percent at fault for the wreck, however, Oklahoma law prohibits you from recovering any compensation for your losses from other at-fault parties. A knowledgeable car accident attorney can help you defend your right to recover financially and work to locate valuable evidence to support your case.

What Are Types of Shared-Fault Car Accidents?

The term “accident” implies no one is to blame, but in fact, driver negligence is the main contributing factor in most car crashes. Multiple parties may share responsibility in almost any type of accident, including:

  • Head-on collisions – Shared fault could apply in head-on car accidents involving drivers who shift into lanes of oncoming traffic and collide with speeding drivers who have the right of way.
  • Rear-end accidents – The rear driver can be at fault in a rear-end collision if the crash occurs because they were tailgating, following too closely, or too distracted to slow or stop in time. The leading driver can share fault if they make intentionally sudden stops or “brake check” the driver behind them.
  • Vehicle pile-up accidents – A driver who collides with a multi-vehicle pile-up because they were speeding too fast to slow down in time can share fault with the driver or drivers who caused the original accident.
  • Intersection accidents – Multiple drivers can share fault for an accident that occurs at a three-way or four-way intersection if they run red lights, blow through stop signs, or enter the intersection without the legal right of way.

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Why Do You Need a Lawyer If Partial Fault Is an Issue?

If you know or suspect that another driver involved in the crash will claim you were partially or entirely at fault, chances are it’s time to hire an attorney. A car accident lawyer can help you if shared fault is an issue in your case by:

  • Challenging evidence that implies you were at fault – A car accident lawyer can investigate whether the evidence against you is contradictory, improperly obtained, or otherwise invalid.
  • Locating evidence of the other driver’s negligence – Your attorney will conduct an independent examination of the accident to interview eyewitnesses, review the police report, and identify helpful evidence to support your claim.
  • Working with experts who can provide valuable testimony – Good attorneys have reliable networks of experts such as accident reconstruction specialists who can provide professional insight into the causes and effects of a crash.
  • Negotiating aggressively to maximize your compensation – Whether or not you are found partially at fault for the accident, your attorney will negotiate forcefully on your behalf to maximize your compensation.
  • Representing you in court, if necessary – If the other driver or their car insurance company unfairly accuses you or attempts to minimize or deny your claim, a car accident lawyer can take your case to trial and represent your interests in court.

 How to Protect Your Right to Full Compensation?

When your head is spinning after a car accident, it can be challenging to know what to do. Fortunately, you can take several steps to protect your right to recover compensation for your accident-related losses:

  • Seek prompt medical attention for your injuries, follow your doctor’s prescribed care plan, and attend all follow-up appointments.
  • Gather as much evidence as possible by photographing the accident scene, asking eyewitnesses for statements, and writing down everything you can recall.
  • Hold on to your medical bills, vehicle repair invoices, pay stubs, and other documentation of any financial losses you suffer due to the crash.
  • Avoid apologizing or admitting fault for the crash when you speak to others, even your own car insurance provider, and never agree to provide a recorded statement.
  • Avoid posting information about the crash or sharing photos on social media while your claim is pending.
  • Contact a trusted Oklahoma car accident lawyer for dependable legal advice.

Get Help from an Oklahoma Car Crash Lawyer Now

At Edwards & Patterson Law, we care deeply about our Oklahoma neighbors. Our car accident lawyers are committed to doing everything we can to seek the compensation you deserve after a crash.

Contact us today to get started with your free case review and obtain the support you need to move forward.

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Author: Tony Edwards
Tony Edwards

Tony Edwards is a McAlester native who has practiced civil litigation in Oklahoma for nearly four decades. Tony earned his undergraduate degree from East Central University and his law degree from the Oklahoma University College of Law. Today, he focuses his practice exclusively on the representation of accident and injury victims, including mass tort cases involving defective products. He holds an AV rating from Martindale-Hubbell, indicating the highest level in legal ability and ethical standards. In addition to his law practice, Tony serves as an elder in Lakewood Christian Church and is active in Shared Blessings, an organization which his wife, DeVonna, launched in 1998 to provide clothes for people in need.

Author: Tony Edwards
Tony Edwards

Tony Edwards is a McAlester native who has practiced civil litigation in Oklahoma for nearly four decades. Tony earned his undergraduate degree from East Central University and his law degree from the Oklahoma University College of Law. Today, he focuses his practice exclusively on the representation of accident and injury victims, including mass tort cases involving defective products. He holds an AV rating from Martindale-Hubbell, indicating the highest level in legal ability and ethical standards. In addition to his law practice, Tony serves as an elder in Lakewood Christian Church and is active in Shared Blessings, an organization which his wife, DeVonna, launched in 1998 to provide clothes for people in need.