Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
According to state crash data, thousands of Oklahomans are involved in car accidents each year—and in many of those cases, the fault is disputed. If you’ve been injured in a collision, figuring out who was legally responsible is one of the first steps toward seeking compensation.
Oklahoma law uses a fault-based system, which means the person who caused the crash is also responsible for the damages. But liability isn’t always clear-cut. If both drivers share some blame, Oklahoma’s comparative negligence rule comes into play—and it can directly affect your ability to recover money for your losses.
This article explains how fault is determined, what Oklahoma law says about shared blame, and what you can do to protect your rights after an accident.
Oklahoma follows a legal principle called modified comparative negligence. This means you can still recover compensation even if you were partly to blame, as long as your fault does not exceed 50 percent. If a court finds that you were more at fault than the other party—51 percent or higher—you won’t be eligible for any damages.
Under Oklahoma’s modified comparative negligence system, you may recover compensation only if your share of fault is 50% or less.— Oklahoma Statutes Title 23, Section 13
Let’s take a closer look at how this works in real life. If your total damages are $100,000 and you were found to be 10% responsible for the crash, you could still recover $90,000. But if the court finds that your responsibility was 51%, you recover nothing.
Determining who is at fault isn’t always straightforward. Insurance companies, attorneys, and Sometimes juries look at a wide range of evidence.
This can include:
In some cases, the facts clearly point to one driver being responsible. In others, the fault might be shared between multiple people. That’s why it’s essential not to admit blame at the scene or in conversations with insurers.
Fault isn’t automatic—it must be proven using facts. Documentation, statements, and legal representation can significantly affect how fault is assigned.
Oklahoma is an at-fault state when it comes to car insurance. That means the driver who caused the accident or their insurance compan is responsible for covering damages like medical bills, vehicle repairs, and lost income.
All drivers in Oklahoma must carry minimum insurance coverage:
Oklahoma requires all drivers to carry liability coverage of at least $25,000 per person and $50,000 per accident for bodily injury. — Oklahoma Insurance Department
If the other driver doesn’t have insurance or doesn’t have enough to cover your damages, you may be able to use your own uninsured or underinsured motorist (UM/UIM) coverage to pay for your losses
In hit-and-run crashes, proving fault becomes more complex, mainly if the other driver can’t be found. Oklahoma law makes it a crime to leave the scene of an accident without exchanging information or providing help.
If you leave the scene of an accident without providing your information, you may be charged under Oklahoma’s hit-and-run law (47 O.S. § 10-102).
If you’re the victim of a hit-and-run, your UM coverage may help cover your damages. In crashes involving more than two vehicles, the fault is often divided among several drivers based on how their actions contributed to the wreck.
To protect your legal rights and improve your chance of recovering compensation, it’s essential to take specific steps right after a crash:
Fault isn’t always obvious. What you say and what you document can strongly influence how your claim is handled.
Some car accidents are easy to resolve. But when injuries are severe, or fault is unclear, speaking to an attorney can make a real difference. Lawyers know what evidence to gather, how to communicate with insurers, and how to argue their case in court if necessary.
At Graves McLain Injury Lawyers, we handle car accident cases on a contingency fee basis. That means there are no legal fees unless we win your case. Clients may still be responsible for other legal costs.
| Fault Percentage | Total Damages | Amount You Can Recover | Eligible for Compensation? |
| 0% | $100,000 | $100,000 | Yes |
| 10% | $100,000 | $90,000 | Yes |
| 50% | $100,000 | $50,000 | Yes |
| 51% | $100,000 | $0 | No |
Oklahoma lets you recover damages as long as your share of fault is 50% or less. Your compensation is reduced in proportion to your responsibility.
Yes. If you have uninsured/underinsured motorist coverage, your insurance policy may pay for your injuries and damage if the other driver can’t.
Call 911 immediately. Report the crash to the police and your insurer. If the other driver can’t be located, your UM coverage may cover your expenses.
Key evidence includes police reports, witness statements, dashcam footage, photos of the scene, and proof of traffic violations or reckless driving.
You generally have 2 years from the date of the accident to file a personal injury lawsuit in Oklahoma.
It’s best to contact a lawyer if the accident involved serious injuries, the other driver is disputing fault, or your insurer is offering a low settlement.
In Oklahoma, determining fault in a car accident isn’t always black and white. The law allows for shared blame, but it also limits your ability to recover damages if your fault goes over 50%. That’s why gathering evidence and understanding your insurance rights are so important.
If you’re injured in a crash and unsure how liability may affect your claim, you don’t have to face it alone. The team at Graves McLain Injury Lawyers is here to review your case and help you understand your next steps—starting with a free consultation.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
