After being involved in a car wreck in Oklahoma, many people ask: “How is fault determined in an Oklahoma car accident?” Fault can be determined in a variety of ways, including by reviewing the police report (particularly if one driver was cited or arrested for causing the accident), video evidence, eyewitness statements, photos from the scene, accident reconstruction analysis, and many other pieces of evidence.
Since Oklahoma is a “fault state” or “tort state,” the person who is found responsible for the accident will be liable for paying for the other person’s medical expenses, lost wages, vehicle repairs or replacement, pain and suffering, and other damages.
However, proving fault after a car accident is not always cut and dry. There are additional factors to consider when determining who is at fault and the percentage of fault for each driver involved in a crash. To learn more about how an attorney from Edwards & Patterson Law can help prove fault in your case, contact us now for a free consultation.
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What Is the Difference Between At-Fault and No-Fault Auto Insurance Claim Systems?
Car accident claims in Oklahoma are subject to “at-fault” insurance liability laws. This means that a crash victim can seek financial compensation from the at-fault driver’s auto insurance. The victim may pursue compensation for medical costs, lost income, car repair expenses, and other losses.
In no-fault states, on the other hand, the injured person’s own auto insurance pays for their medical expenses, whether or not the injured person was at fault for the accident. The injured person may be able to sue the at-fault party if the injuries are severe or if the claim meets a certain threshold. Thankfully, Oklahoma is not a no-fault accident state.
It is also important to understand that car accident claims in Oklahoma are subject to “comparative fault” laws. With comparative fault, both parties may be found responsible for causing the accident.
The injured driver can still recover compensation, but the amount recovered will be reduced according to his or her percentage of fault.
So, for example, if an accident victim’s damages are $100,000, but the victim was found to be 25 percent at fault for the crash, the amount recovered would be reduced by $25,000. If the injured driver is found to be 51 percent or more responsible for the car accident, then that person cannot recover compensation.
What Does “Fault” Mean in a Car Accident?
Fault in a car accident refers to responsibility for causing the crash. A driver may bear fault for a car accident when they operate their vehicle negligently or recklessly. Negligent driving occurs when a motorist fails to use reasonable care or follow the rules of the road. Common examples of negligent driving include:
- Not following speed limits
- Not adjusting speed for road, weather, or visibility conditions
- Driving under the influence of alcohol or drugs
- Disregarding traffic signs or lights
- Failing to yield the right of way
- Tailgating or following too closely
- Not using headlights or turn signals
Reckless driving is when a motorist consciously or intentionally disregards a substantial risk that their actions will severely injure other people. Common examples of reckless driving include excessive speeding, street racing, or erratically darting between lanes to pass through traffic.
Why Does Fault Matter in an Oklahoma Car Accident?
Determining fault matters after an Oklahoma car accident because whoever caused the crash will be responsible for compensating injury victims for the losses they suffer as a result. When a car accident has multiple at-fault parties, determining each responsible party’s share of fault may affect the extent of financial liability each party bears for victims’ losses.
What Is Modified Comparative Negligence in Oklahoma?
It is also important to understand that car accident claims in Oklahoma are subject to “comparative fault” laws. With comparative fault, both parties may be found responsible for causing the accident. The injured driver can still recover compensation, but the amount recovered will be reduced according to their percentage of fault.
For example, if an accident victim’s damages are $100,000, but the victim was found to be 25 percent at fault for the crash, the amount recovered would be reduced by $25,000. If the injured driver is found to be 51 percent or more responsible for the car accident, then that person cannot recover compensation.
How Do You Establish Fault for an Oklahoma Car Accident?
Determining fault for a car accident in Oklahoma usually requires establishing that a driver or another party caused the crash due to their negligence. A negligence claim requires you to prove four elements:
- Duty of care – The first element of negligence requires establishing the duty of care that the other parties involved in the accident owed you. For example, drivers have a duty of care to drive safely and within the bounds of traffic laws.
- Breach of duty – Next, you must prove how the at-fault party breached their duty of care. For example, you might show that the other driver in the accident broke the speed limit or ran a stop sign or red light.
- Causation – Establishing negligence in a personal injury lawsuit requires you to prove that the other party’s breach of their duty of care caused the accident and your resulting injuries.
- Damages – Finally, a car accident claim requires you to establish that you suffered injuries, property damage, financial losses, or personal losses from the accident for which the at-fault party owes you compensation. Proving losses will require documentation like bills, invoices, receipts, pay stubs, and testimony on the effects of your injuries on your life.
What Are Automobile Insurance Requirements in Oklahoma?
In Oklahoma, failure to carry proof of car insurance may result in fines or even jail time. These are the minimum amounts of required auto liability insurance in Oklahoma:
- Bodily Injury Coverage: $25,000 per individual and $50,000 for all individuals per accident
- Property Damage Coverage: $25,000 for property damage to other vehicles
Although insurance companies are required to offer uninsured motorist coverage, drivers can reject this coverage.
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How Do You Prove Fault After a Car Accident Claim in Oklahoma?
Some of the types of evidence that will be helpful in determining fault after a car accident include:
- The police report
- A detailed examination of the scene of the crash and the damage to the vehicles
- Eyewitness statements
- Photos from the scene
- Surveillance camera footage, if available
- Indications of whether the driver obeyed traffic laws, traffic signals or signs, or other rules of the road
- The driver’s cellphone records (to determine whether distracted driving was a factor)
- Evidence that the driver was under the influence of alcohol, illegal drugs, prescription medication, or over-the-counter medication at the time of the crash
You need a knowledgeable accident attorney to gather all the necessary evidence to prove fault in your claim. To get started on your case, contact our firm today for a free consultation.
Who Could Be At Fault for a Car Accident?
Various parties may bear responsibility for an Oklahoma car accident, depending on the causes of the collision:
- A driver involved in the crash – One or more motorists may bear fault for a car accident that occurs due to the driver’s carelessness or recklessness behind the wheel, such as speeding, disregarding traffic signs and signals, tailgating, failing to yield the right of way, or driving while impaired.
- The owner of a vehicle involved in the crash – When a car accident occurs due to a vehicle suffering a mechanical issue because of deferred maintenance, the vehicle’s owner may bear responsibility for the collision.
- The manufacturer of a vehicle involved in the crash – A vehicle manufacturer may be at fault for an accident due to a design or manufacturing defect in the vehicle.
- The manufacturer of an auto part used on a vehicle involved in the crash – A third-party auto part manufacturer, such as a brake or tire manufacturer, may also be liable for a car accident that occurs because their part fails due to a design or manufacturing defect.
- A road construction contractor – A road works company may bear responsibility for a car accident if it put up inadequate signage to warn drivers of lane shifts or other altered traffic patterns.
A state or local government – In rare cases, a state or local government may bear fault for a car crash caused by hazardous road conditions caused by negligent design or maintenance.
What Should I Do After a Car Accident in Oklahoma?
Did you know that your actions immediately after an accident can affect your ability to recover compensation? Follow these tips to protect your rights in the event of an accident:
- Exchange contact information with the other driver(s) involved. Be sure to obtain their insurance information as well.
- Contact law enforcement to report the accident. Ask for a copy of the crash report. If possible, take photos at the scene and get the names and contact information for any witnesses.
- Seek medical care as soon as you can, ideally within 24 hours of the accident. In addition to treating your injuries, getting timely medical treatment helps document the harm you have suffered.
- Contact an Oklahoma car accident lawyer as soon as possible. An experienced lawyer can manage your claim from start to finish and demand maximum compensation on your behalf.
What Is Auto Negligence in Oklahoma?
Anyone operating a car must exercise reasonable caution and should drive responsibly. Failure to do so is considered auto negligence and can put other drivers at risk.
Examples of negligence behind the wheel in Oklahoma include:
- Speeding
- Texting while driving
- Failing to yield to right of way
- Driving while under the influence of alcohol or drugs
- Improper signaling
- Not obeying traffic signs
- Disregard for traffic laws
What Things Do Insurance Adjusters Look for to Determine Negligence?
When insurance companies review accident claims, they will examine various pieces of evidence from the crash to reconstruct what happened and identify all causes and the parties responsible for causing the accident. Examples of evidence that adjusters use to determine negligence in car accident claims include:
- The police report
- Arrest or citation records
- Eyewitness statements
- Accident scene photos and videos
- Surveillance and traffic camera footage
- Vehicle dashcam footage
- Weather reports
- Post-accident vehicle inspections
- Vehicle repair and maintenance records
- Vehicle event data recorder (“black box”) logs
- Accident reconstruction expert reports
Do I Need to Get an Accident Report from the Police?
In most cases, yes. Under Oklahoma law, you are required to report car accidents that cause injury or death. Even if you’re not sure if anyone has been seriously hurt, you should still file an official police report. The police report will be used as a key piece of evidence for determining fault if you decide to file a claim for compensation.
Should I Take a Settlement from the Other Person’s Insurance Company?
The decision is up to you, but keep in mind that the other driver’s insurance company will do everything to protect its own interests. It will likely try to offer you the lowest possible settlement. This is why it’s best to leave negotiations to an attorney. An attorney understands what full compensation should be in your case and will fight for what is fair.
How Can an Oklahoma Car Accident Lawyer Help Prove Fault?
Proving fault for a car crash requires a thorough investigation to recover evidence showing what happened in the accident and identify the causes and responsible parties. An Oklahoma car accident attorney from Edwards & Patterson Law can help you prove liability for a wreck by handling all the details of preparing and pursuing your legal case, including:
- Investigating the accident to find evidence proving fault for the crash, including requesting police crash reports, interviewing eyewitnesses, taking accident scene photos and videos, and securing surveillance and traffic camera footage
- Working with accident reconstruction and engineering experts to review the evidence, piece together what happened in the accident, and identify the causes of the crash
- Identifying all at-fault parties and determining the extent of their liability
- Preparing a compelling case to argue for the other party’s fault for the accident
- Advocating your case at the negotiating table or in court to hold the at-fault parties accountable for your losses
How Can an Attorney Help Me?
The other driver’s insurance company is relying on the fact that you are probably unfamiliar with your rights after a crash. Fortunately, when you contact an experienced car accident lawyer from Edwards & Patterson Law, you can rest easier knowing that someone is fighting for the full compensation you deserve.
If you were hurt in a car accident in Oklahoma, let our team of Tulsa car crash lawyers put our skills, experience, and extensive resources to work for you. Call us or reach out to us online to schedule a free consultation today.
Contact an Oklahoma Car Accident Lawyer
The other driver’s insurance company is relying on the fact that you are probably unfamiliar with your rights after a crash. Fortunately, when you contact an experienced car accident lawyer from Edwards & Patterson Law, you can rest easier knowing that someone is fighting for the full compensation you deserve.
If you were hurt in a car accident in Oklahoma, let our team of Tulsa car crash lawyers put our skills, experience, and extensive resources to work for you. Call us or reach out to us online to schedule a free consultation today.
Contact Our Oklahoma Car Accident Law Offices
Last updated Friday, December 6th, 2024
