A 2013 report released by KMRG radio shows that traffic accidents claim nearly 36,000 lives annually.  In Tulsa particularly, almost 28,000 wrecks occurred in 2015 alone.  However, not all of these car wrecks were fatal.  Many were fender benders, accidental loss of control, or even just simply distraction.  While many times these are minor, some can lead to severe injuries.  This is where Oklahoma applies the contributory or comparative negligence standard.

What is Contributory or Comparative Negligence Legally?

This standard of comparative negligence is under Title 23 § 13.  It says:

“…negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage…”

Explanation of Comparative or Contributory Negligence

It is likely you would like a clearer explanation of this law.  Basically, the court says that both parties are at fault for the accident.  The court will then assign a percentage of fault to each party.  This means that is a party bears 51% or more of the fault, that party is the most at fault and bears most of the responsibility.  So if a person receives injuries in a wreck, but they were more at fault than the other person it is unlikely any injury compensation will be available.

MORE PERSONAL INJURY INFORMATION HERE.

Conversely, if you suffer injury and are at least 49% or less at fault, you will likely be able to receive damages from the other party.  Damages though, will assess according to the percentages of fault.  So if you are 30% at fault, you will only be able to collect 70% of the damages.  This could be significant.  Take for example your injury is normally worth $100,000 in damages.  With the percentage allocation of 30/70, you will only be able to receive $70,000 instead of the entire $100,000.

Claremore Injury Attorneys Can Help

Our attorneys have years of experience in injury law.  This experience could significantly increase your chances of getting a favorable outcome.  Let us simplify this process for you.  Our first consultation is free.  Call us today.