If you’ve been injured in a car crash in Skiatook, navigating the aftermath can feel overwhelming—especially when you’re dealing with medical bills, lost wages, and insurance companies that don’t have your best interests at heart. At Knight Law Firm, our car accident lawyer understands what you’re up against and is here to help you pursue the compensation you deserve. We offer compassionate legal guidance and representation. Call us today at (918) 496-1200 for a free consultation—because you shouldn’t have to face this battle alone.
Understanding Your Rights When You Share Fault in a Car Accident in Skiatook
Car accidents rarely happen in a perfect way where only one person is to blame. Many crashes involve mistakes from both drivers. If you were partly at fault for a collision, you might wonder if you still have the right to sue for damages. This is a common question for many people in Skiatook who have been injured and want to know their legal options.
The answer depends on the type of laws Oklahoma follows regarding fault in car accidents. It’s important to understand how these rules work because they affect whether you can recover compensation and how much you might get.
What Does Being Partially at Fault Mean
Being partially at fault means you share some responsibility for causing the accident. For example, maybe you were speeding, but the other driver ran a red light. Or you failed to signal a turn, but the other driver was texting and not paying attention. Both actions contributed to the crash.
When fault is shared, the law doesn’t automatically bar you from suing the other party. However, how much you can recover can change based on your degree of fault.
Oklahoma’s Modified Comparative Fault Rule
Oklahoma follows a rule called “modified comparative fault.” Under this rule, you can still sue another driver even if you are partially to blame — but only if your share of fault is less than 50%. If you are 50% or more at fault, you generally cannot recover damages.
For example, if the court finds you 30% at fault and the other driver 70% at fault, you can still recover compensation. However, your damages will be reduced by your percentage of fault. So if your total damages are $100,000, you would only receive $70,000 because of your 30% fault.
On the other hand, if you are found to be 50% or more responsible, you would likely recover nothing from the other party.
How Fault is Determined
Fault is usually decided based on evidence such as police reports, witness statements, photos from the accident scene, and sometimes expert analysis. Each party’s actions leading up to the crash are reviewed carefully.
Sometimes, fault isn’t obvious and the situation is complex. For example, if both drivers broke traffic laws, the court must weigh the severity and impact of each driver’s mistakes. This process can involve detailed investigation.
What If the Other Driver Was More at Fault
Even if you share some blame, it’s possible the other driver was still mostly responsible. This means you might have a strong case to seek damages for your injuries and losses.
Remember, your right to sue depends not on being completely free of fault, but on your fault being less than the other party’s.
Why It’s Important to Work With an Experienced Lawyer
Determining fault and negotiating compensation can be tricky, especially when you are partially at fault. Insurance companies often try to minimize or deny claims when fault is shared.
A skilled personal injury lawyer in Skiatook can review your case, gather the necessary evidence, and advocate for your interests. They understand how Oklahoma’s comparative fault laws work and can explain how they apply to your situation.
Having legal representation increases your chances of getting a fair settlement or winning your case in court. Your lawyer can also help protect you from accepting less money than you deserve.
What Damages Can You Recover If You Sue
If you qualify to sue under Oklahoma’s laws, you may recover various damages related to your accident. These can include:
- Medical expenses for treatment and rehabilitation
- Lost wages from missed work
- Pain and suffering caused by your injuries
- Property damage to your vehicle or belongings
- Loss of earning capacity if your injuries affect your future work
Your lawyer will help calculate the full value of your damages, keeping in mind your partial fault to adjust the amount accordingly.
Common Mistakes to Avoid When Partially at Fault
If you were partly responsible for the accident, avoid these common mistakes that could hurt your case:
- Admitting full fault at the scene or to the insurance company
- Accepting a quick settlement without understanding your rights
- Failing to seek medical treatment or delaying care
- Not gathering evidence such as photos, witness info, or police reports
- Trying to handle the claim without legal advice
These errors can reduce the compensation you receive or even prevent you from suing successfully.
What If You Were 50% or More at Fault
If you are found to be 50% or more at fault, Oklahoma’s modified comparative fault rule means you likely cannot recover damages from the other driver. In that case, your only options might be to cover your own expenses or seek compensation through your own insurance, if available.
This is why it is crucial to have an attorney evaluate your case carefully. Sometimes fault percentages are disputed and can be challenged with strong evidence.
Steps to Take After a Car Accident When Fault Is Unclear
If you have been in a car accident in Skiatook and believe you might share fault, take these steps to protect your rights:
- Seek immediate medical care to document your injuries.
- Call the police so an official report is created.
- Take photos of the accident scene, vehicle damage, and any visible injuries.
- Gather contact information from other drivers, passengers, and witnesses.
- Avoid making statements that admit fault without consulting a lawyer.
- Contact an experienced personal injury attorney promptly for a free consultation.
These steps will help build your case whether you file a claim or lawsuit.
Speak with a Skiatook Car Accident Lawyer Who Puts You First
When the dust settles after a car accident, what you need most is someone in your corner who knows the law and cares about your recovery. At Knight Law Firm, our dedicated car accident lawyer in Skiatook is ready to fight for your rights and hold negligent drivers accountable. Don’t let insurance companies undervalue your claim or delay your healing. Let us take the legal burden off your shoulders so you can focus on getting better. Call (918) 496-1200 today to schedule your free consultation—we’re here to help you get the justice and compensation you deserve.
