Being involved in an accident is a stressful and overwhelming experience. It is particularly challenging when you are being blamed for the incident. Whether it’s a car crash, slip and fall, or workplace injury, it’s common for one or more parties to point fingers, which can complicate the claims process.
In Oklahoma, the legal concept of modified comparative negligence plays a crucial role in determining liability in accident cases. It can also significantly affect your ability to recover compensation. If you’re facing a situation where you’re being blamed for an accident, it’s important to understand how the concept works and how a personal injury lawyer can help.
Understanding Modified Comparative Negligence in Oklahoma
Oklahoma follows a modified comparative negligence system. This means that even if you are partially at fault for an accident, you can still recover compensation. However, your fault must not be greater than 50%. If you are found to be more than 50% responsible for the accident, you will be barred from recovering any compensation.
For example, if you are 30% at fault for the accident, and the total damages amount to $100,000, you could still recover 70% of the damages, or $70,000. On the other hand, if you are found to be 51% or more at fault, you would not be entitled to any compensation.
This system is critical because it helps prevent unfairly penalizing individuals who may not be fully responsible for an accident. However, proving the extent of fault is often a complicated and contentious process. This is where an experienced personal injury lawyer comes in.
How a Personal Injury Lawyer Can Help if You’re Being Blamed
A skilled personal injury lawyer can be instrumental when you’re being blamed for an accident.
Here’s how they can help:
Investigating the Accident
One of the first steps your lawyer will take is to investigate the accident thoroughly. This includes gathering evidence such as police reports, witness statements, photographs, and any available surveillance footage. They may also consult accident reconstruction experts if necessary to establish a clear timeline of events and prove your level of fault (or lack thereof).
Challenging Fault
If you’re being blamed for the accident, your lawyer will work to prove that the other party was more responsible for the accident. They will challenge the insurance company’s position and any claims made by the opposing party to reduce your responsibility. Your lawyer will argue that you are either not at fault or that the other party’s negligence played a larger role in causing the accident.
Negotiating With Insurance Companies
Insurers are profit-motivated and may attempt to shift blame to the injured party as a means to minimize their payout. A personal injury lawyer has experience negotiating with insurance companies to ensure you’re not unfairly blamed for the accident. They can push back against attempts to reduce your compensation based on incorrect or misleading information.
Legal Strategy
If the case proceeds to litigation, your lawyer will be your advocate in court. They will ensure that the evidence clearly shows how the accident occurred and who should be held accountable. They will also argue for the maximum compensation you are entitled to based on your injuries, lost wages, pain and suffering, and other damages.
Protecting Your Rights
Above all, your lawyer will protect your rights throughout the entire process. They will guide you through the legal complexities and ensure you understand how comparative negligence works in Oklahoma. They will make sure you’re not taken advantage of by the other party or their insurance company.
Proving Your Case: The Burden of Proof
In personal injury cases, the burden of proof lies with the plaintiff. This means that it’s up to you (and your lawyer) to prove that the other party was more responsible for the accident. This is especially important if you are being blamed for the accident. This is because proving the other party was negligent will significantly increase your chances of receiving compensation.
Your lawyer will need to demonstrate the following key elements:
- Duty of care: The other party owed you a duty of care (e.g., a driver is expected to drive safely and obey traffic laws).
- Breach of duty: The other party violated that duty of care (e.g., they ran a red light, or they were distracted while driving).
- Causation: The breach of duty directly caused the accident, and in turn, your injuries.
- Damages: You suffered actual harm as a result of the accident (e.g., medical expenses, pain and suffering, lost wages).
By gathering strong evidence and making a persuasive argument, your lawyer can increase the likelihood of proving the other party’s negligence.
Contact a Personal Injury Lawyer for a Free Consultation
If you are being blamed for an accident, don’t let the complexities of comparative negligence or the tactics of insurance companies discourage you. Laird Hammons Laird Personal Injury Lawyers can be your ally in proving that you’re either not at fault or that the other party is primarily responsible for the accident. Whether through investigation, negotiation, or litigation, your lawyer will fight for the compensation you deserve. Contact us today at (405) 497-0480 for a free consultation.