Many people wonder whether they can sue if they were partially at fault for an accident. If you were injured in a car accident or another type of personal injury case in Tahlequah or the surrounding areas, you may still be able to recover compensation even if you were partially at fault.

Oklahoma Follows Modified Comparative Negligence

Under Oklahoma’s modified comparative negligence law, an injured person can recover damages as long as they were less than 51% at fault for the accident.

Here’s how it works:

• If you were partially at fault (but 50% or less), you can still sue the other party.
• The court will reduce your compensation by your percentage of fault.
• If they find you to be 51% or more at fault, you are unable to recover damages.

For example, if you are awarded $100,000 in damages but are found to be 30% at fault, your recovery would be reduced by 30%, and you would receive $70,000.

What Types of Accidents Does This Apply To?

Comparative fault can apply to many types of personal injury cases in Tahlequah, including:

• Car accidents
• Pedestrian and bicycle accidents
• Slip and fall injuries
• Trucking accidents
• Motorcycle crashes
• Workplace injuries (in limited third-party claims)

In all of these cases, the court or insurance adjuster will consider the actions of everyone involved to determine fault and damages.

Who Decides the Percentage of Fault?

There are several ways to determine fault:

• Insurance adjusters may assign percentages of fault during claim negotiations.
• If your case goes to trial, a judge or jury will decide how much fault to assign to each party.
• Your attorney’s investigation and presentation of the facts will play a critical role in influencing that decision.

Because these percentages can significantly impact your compensation, it’s important to work with a skilled personal injury lawyer who knows how to challenge unfair assessments of fault.

Common Scenarios Where You May Be Partially at Fault

Some examples where you might share blame include:

• You were speeding but the other driver ran a red light.
• You slipped on a wet floor, but there was a warning sign you didn’t notice.
• You made a minor traffic violation, but the other driver was intoxicated.

Even if your actions contributed to the accident, the other party may still bear more responsibility, making them liable for a portion of your damages. It’s important to make sure you submit your claim within the statute of limitations, or else you may not be able to recover anything.

Tahlequah Personal Injury Attorneys

We represent accident victims throughout Tahlequah and eastern Oklahoma. We understand the complexities of comparative fault and how to fight for the compensation you deserve—even when the facts aren’t perfect. For a free and confidential consultation with one of the personal injury team members at Tahlequah Lawyers, call 539-867-2321. Or follow this link to ask an online legal question.