Learning about comparative negligence in Tulsa car accidents is crucial before proceeding with a vehicle injury claim. Negligence could impact a person’s compensation in various manners, and if a person does not account for it in their case, they may find their potential compensation significantly decreased. Contact a knowledgeable car accident attorney for answers to any questions you may have.
Oklahoma has a modified comparative negligence system where each party is held responsible for damages in proportion to their own percentage of fault, unless their percentage of fault reaches a certain designated amount. This means that complainants could have their compensation reduced based on their percentage of negligence. For example, if a jury awards the injured vicitm $20,000, but they are found to be 20 percent at fault, then theire compensation will be reduced to $16,000. And if a person is found to be 51 percent or more at fault, they will be barred from recovering damages.
Comparative negligence in Tulsa car accident cases comes into play in many ways. Specifically, this particular doctrine is essential under Oklahoma law since a lawyer seeks to do everything that they can to reduce the amount or the percentage of negligence on the injured person.
The main factor to consider is what evidence is available to prove first to an insurance adjuster and, if needed, to a jury, who is more at fault. The less fault is given to the injured person, the more that the individual is going to be able to recover. Police reports are a critical piece of evidence and could effect negligence following a car wreck. Therefore, when people are involved in an accident, they should contact the police as soon as possible.
Photographs of the scene of the wreck and the road can also be used as evidence. Police officers usually do not take pictures of the scene before the vehicles are removed, which means the injured person should take photos if they can do so.
Another factor that could impact comparative negligence in Tulsa car wrecks is witness statements. A lawyer could help one collect contain information of the witnesses statements that could be used to help assign liability.
As soon as an individual is involved in an accident, the other party is going to contact their insurance carrier. Once the insurance carrier finds out that their driver is at fault, it will contact the injured individual. These insurance adjusters are trained to ask questions to try to devalue the claim. All the calls are recorded and they will do everything they can to get this claim negotiated at the lowest possible value in the quickest amount of time possible. To avoid making statements that could negatively impact one’s claim value, the injured individual should reach out to a lawyer and let the attorney talk to the insurance adjuster.
If you or a loved one were injured in a car wreck, reach out to a compassionate lawyer. An attorney could fight for your right to compensation and help hold the negligent party accountable for their actions. A lawyer could also explain how comparative negligence in Tulsa car accidents could play in your case. Call today and schedule a free consultation.