What is Comparative Negligence?

Comparative negligence is a type of law that is used in some states, including Oklahoma, when dealing with accidents and disputes between two or more parties. The idea behind comparative negligence is that each party involved in an accident is responsible for some of the damages caused. In Oklahoma, the law follows a system of pure comparative fault. This means that fault is assigned to each party involved on a percentage basis, according to the amount of negligence each party is found to have played. If one party is found to be more than 50 percent responsible for the accident, then that party is barred from recovering any damages. Under the pure comparative fault system, the court may determine that both parties were at fault. In this case, each party would have to pay a percentage of the total damages to the other, based on the degree of fault they were found to have had in the accident. This means that although one party may be more to blame than the other, each still has a responsibility for the damages caused. In Oklahoma, the pure comparative fault system allows each party to still make a claim, even if they are partially at fault. This means that even if fault is split 50/50, one party can still sue the other for compensation of their losses.

Related FAQs

Can I be sued for an accident I caused?
What should I look for when selecting a personal injury lawyer?
What should I do if I am in an accident with an uninsured driver?
What is a statute of repose?
What is a settlement conference?
What is the process for filing a personal injury claim?
What is the best way to prepare for a deposition?
Can I sue for emotional distress?
What should I do if I am offered a settlement?
Can I sue a government agency for an accident?

What is Comparative Negligence?

Related FAQs

Related Blog Posts