Being injured in an accident is stressful enough. But what if you were partly responsible for what happened? Many people in Oklahoma assume that if they were even a little at fault, they can’t pursue compensation. That’s not true. Oklahoma law allows injured individuals to recover damages even when they share some of the blame—as long as they don’t hold most of it.
Understanding how fault affects your personal injury claim is important. The steps you take after the accident and the way you handle your case can influence the outcome. Here’s what you need to know if you’re partially responsible for your injury.
Understanding Oklahoma’s comparative fault rule
Oklahoma follows what’s known as a modified comparative fault system. This means that if you’re injured in an accident and are partially to blame, you may still be able to recover compensation—but only if your level of fault is less than 51 percent.
Your compensation is reduced by your percentage of fault. For example, if a court finds you were 20 percent at fault for a car accident and awards you $50,000, your compensation would be reduced by 20 percent. You would receive $40,000 instead.
If you’re found to be 51 percent or more at fault, you cannot recover any damages under state law. This rule applies to car accidents, slip and fall cases, workplace injuries, and other types of personal injury claims.
Common situations where fault is shared
It’s not unusual for more than one party to contribute to an accident. Here are a few examples where partial fault often comes into play:
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A driver was speeding but another vehicle failed to yield.
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A pedestrian crossed outside a crosswalk, but a distracted driver didn’t see them in time.
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A customer slipped in a store where the floor was wet, but warning signs were visible.
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Two parties were texting while driving when they collided.
In each case, determining who was more at fault is critical. Insurance adjusters and attorneys will examine every detail to assign a percentage to each person involved.
Steps to take immediately after an accident
Even if you believe you may have contributed to an accident, don’t assume you’re not eligible to pursue a claim. What you do after the accident can help preserve your rights and protect your chances of recovery.
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Get medical attention right away
Your health comes first. Get checked out by a doctor, even if your injuries seem minor. Medical records also serve as essential evidence if you pursue a claim. -
Document the scene
If you’re able, take photos or video of the accident scene. Include any vehicles involved, road conditions, injuries, or anything else that may help show how the accident happened. -
Collect witness statements
If anyone saw what happened, ask for their contact information. Neutral witnesses can provide valuable accounts that help establish what occurred. -
File a report
Whether it’s a police report for a car crash or an incident report at a business, official documentation helps establish the facts. -
Avoid accepting blame
It’s natural to want to apologize after an accident, even if you didn’t cause it. But saying “I’m sorry” or admitting fault can be used against you later. Let the investigation determine what happened.
Why legal help matters even more when fault is unclear
When fault is disputed, personal injury claims can quickly become complicated. Insurance companies often try to shift blame to limit how much they pay out. If you’re partially at fault, they may attempt to increase your share of the blame so they can reduce or deny your claim.
An experienced Oklahoma personal injury lawyer can help gather evidence, build your case, and push back against unfair fault assessments. Attorneys understand how to apply the state’s comparative fault rules and protect your rights.
Your legal team can also handle communications with insurance companies and negotiate on your behalf. This helps prevent mistakes that could hurt your claim or reduce your payout.
Evidence that can support your version of events
When fault is being shared or disputed, evidence becomes especially important. Some examples of useful evidence include:
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Police reports
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Surveillance or dashcam footage
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Accident reconstruction reports
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Medical records
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Eyewitness statements
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Property damage estimates
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Cell phone records if distracted driving is suspected
The more clear and consistent your evidence is, the stronger your case will be.
Dealing with insurance companies in a shared fault situation
Insurance companies often move quickly after an accident to get statements and limit their financial exposure. Be cautious about what you say. Stick to the facts, and avoid speculating about what caused the accident.
You are not required to give a recorded statement right away. In fact, it’s wise to speak with a lawyer first. A misstatement or assumption could be used to increase your fault percentage or minimize your claim.
If the insurer makes an initial settlement offer, don’t accept it without reviewing it with legal counsel. When fault is involved, early offers are often far lower than what your case may actually be worth.
Time limits still apply
In Oklahoma, the statute of limitations for personal injury claims is two years from the date of the accident. If you miss this window, you may lose your right to file a lawsuit altogether—even if your case has merit.
This time limit applies whether you were fully innocent or partially responsible. It’s best not to wait too long. Evidence can disappear, memories fade, and legal options may narrow the longer you delay.
How settlement works when both sides are partially at fault
Settlements can still be reached even when fault is shared. In many cases, insurance companies and legal teams agree on a percentage split and negotiate a payout based on that ratio.
For example, if damages total $100,000 and you’re found 30 percent at fault, your recovery would be $70,000. This system creates room for compromise but also highlights the importance of presenting strong evidence and arguments to minimize your share of blame.
Your lawyer can help determine whether the offered settlement fairly reflects your role in the accident and your injuries. If not, they can take the case to court.
Conclusion
Many people give up on pursuing compensation because they think being partly at fault disqualifies them. That’s not the case in Oklahoma. As long as you’re less than 51 percent responsible, you still have a right to be compensated for your medical bills, lost income, and pain and suffering.
Accidents are rarely black and white. When responsibility is shared, it’s the details—and how they’re presented—that matter most. With the right legal support and a clear understanding of your rights, you can still move forward with your case and seek the recovery you deserve.
