It is almost never in your best interest to admit fault after a car accident in Oklahoma City. Even if you are unsure how the car accident happened or could be partly to blame, you should not admit fault.
You might think you have no other choice but to admit fault or that it is the right thing to do. However, admitting fault before you talk with an Oklahoma City personal injury lawyer could prevent you from receiving a fair settlement for a car accident claim.
You Might Not Be To Blame for the Cause of Your Oklahoma City Car Accident
The aftermath of a car crash is stressful. You may be injured and in a great deal of pain. Even if you feel okay, you may be overwhelmed by what happened. Now is no time to decide whether you could have caused the car crash.
Many different factors contribute to the cause of a car accident. Traffic, weather conditions, road hazards, defective auto parts, and driver negligence could be factors in why your accident occurred. Even if you are partly to blame, other parties may share the responsibility for causing the crash.
Filing a personal injury claim or lawsuit allows you to seek compensation for your economic and non-economic damages. Seeking legal advice is the best step you can take after a car accident to protect your right to recover compensation for damages from the party who caused the car crash.
An experienced Oklahoma car accident lawyer investigates the crash to determine fault. If you admit fault before talking with an attorney, you could limit your legal options for filing a personal injury claim.
Sharing the Blame for a Car Accident in Oklahoma City Impacts Your Financial Recovery
Oklahoma has adopted a modified comparative negligence standard for damages. According to Title 23 Section 13 of the Oklahoma Statutes, contributory negligence does not bar recovery of damages unless the negligence of the victim is greater than the negligence of the party causing the damage. In other words, if you are more than 50% at fault for causing a car accident, you cannot recover any money for your injuries or damages.
However, if you are less than 51% to blame for the car accident, you can recover a portion of your damages. The amount of your compensation for damages is reduced by your level of fault.
For example, if you are 55% to blame for causing the car crash, you receive nothing for your claim. However, if you are 40% to blame, you can receive 60% of the total of your damages.
Therefore, admitting fault for a car accident in Oklahoma could result in losing your right to seek compensation. You could find out later that you were not at fault or you were less than 50% at fault. It is best to refrain from discussing the accident or giving statements until you speak with an Oklahoma car accident attorney.
Insurance Companies Use Contributory Fault to Their Advantage
Insurance companies look for ways to deny car accident claims. If they cannot deny the claim, they try to reduce their liability for damages, including shifting some of the blame to you for causing the accident. The more blame you have for the accident, the less your claim is worth.
Insurance adjusters are trained to investigate claims and search for evidence the company can use against the accident victims. Some of their tactics may not cross the line into bad faith, but they are sneaky and unfair.
For example, an insurance adjuster might ask you what you did the morning of the accident. If you say that you were running late for work, the adjuster might claim you were distracted while driving to work or that you were speeding. Therefore, they’ll try to say your actions contributed to the cause of the crash.
An adjuster might ask you to explain how the accident occurred. If you say you are unsure, cannot recall, or think something, the adjuster could twist your statement to imply you admitted fault. Something very innocent could be intentionally misinterpreted.
You should avoid talking to the adjuster until you speak with an attorney. Do not consent to a recorded statement or provide a written statement. Many insurance companies record calls, so your telephone call could be recorded even though no one tells you.
Evidence Used To Prove Fault in an Oklahoma City Car Accident Case
When you hire an Oklahoma City personal injury attorney, your lawyer investigates the cause of the crash. They gather evidence that can prove how the accident occurred. Examples of evidence in a car accident case include:
- Statements from the drivers and passengers
- Videos of the accident from traffic cameras, dash cams, and other sources
- Police reports and accident reports
- Eyewitness statements
- Photographs and videos of the accident scene
- Data recovered from a vehicle’s black box and other recording devices
- Physical evidence from the vehicles
- Opinions from accident reconstructionists and other expert witnesses
Experienced car accident lawyers in Oklahoma City have the resources to investigate accident claims. They understand the evidence and the sources to gain evidence. Without an attorney, you are going up against an insurance company with unlimited resources to fight your claim.
What Should I Do After a Car Accident in Oklahoma City To Protect My Rights?
Oklahoma traffic laws require drivers to report most car accidents to the police. You should report a crash to the police regardless of the severity of the crash or whether you think you are okay. Calling 911 is the quickest way to report a car accident in Oklahoma City.
While waiting for the police officers to arrive, do not discuss the accident with anyone, including saying you are sorry or apologizing for the crash. If there are witnesses, ask them for their names and contact information without discussing the details of the accident. Make a video and take pictures of the accident scene to preserve evidence.
Seek immediate medical treatment for your injuries. Prompt medical care can help avoid claims you exaggerated or made up your injuries.
Contact an Oklahoma City car accident attorney for advice as soon as possible. Let your lawyer handle all communications with the insurance company and other parties.
Contact the Oklahoma City Car Accident Law Firm of Laird Hammons Laird Personal Injury Lawyers for Help Today
Navigating a car accident claim can be challenging. An experienced attorney can help you pursue a claim to recover compensation for your injuries and damages. Contact our law firm for help with a claim from an experienced Oklahoma City car accident lawyer at Laird Hammons Laird Personal Injury Lawyers.
We proudly serve Oklahoma County, OK and its surrounding areas:
Laird Hammons Laird Personal Injury Lawyers – OKC
1332 SW 89th St,
Oklahoma City, OK 73159
(405) 497-0480