Wednesday, May 25, 2016

Knowing the Comparative Fault Rule

Car accidents will undoubtedly take its toll on those who sustained grave injuries. Under the law, individuals who have been injured from a car accident can seek compensation for damages by filing a personal injury lawsuit.

In Oklahoma, however, courts can decide to reduce the amount of damages to be awarded to an injured person once it is established that they played a part, no matter how small it may be, in the accident. This concept is legally known as “comparative fault”.

Modified Comparative Negligence State

In definition, “comparative fault” is a situation wherein more than one party is partially at fault in a car accident. Legally speaking, Oklahoma is a “modified comparative negligence” state, since injured persons can recover damages from another party that was proven to be more at-fault for the accident, yet the amount will be reduced depending on the amount of their own liability.

The Rule in Example

Say that you’ve been driving for a few miles over the limit, then another driver cuts in front of you, thus causing a collision. The court could then decide that the other driver shares 80 percent of the fault, yet you share 20 percent of the fault because you have been speeding. This means the final amount of damages you’re bound to receive would be reduced by this amount.

With this rule applicable in Oklahoma courts, it’s important to seek legal assistance from a car accident attorney to know your best course of action.

No comments:

Post a Comment