How is fault determined in an auto accident?

In Oklahoma, fault in an auto accident is determined according to a legal principle known as “comparative negligence.” This principle assigns a degree of fault to both parties involved in the accident. It is important to note that a person is not automatically at fault if they are involved in an accident. The degree of fault assigned to each party is determined by assessing the actions and conduct of each party leading up to and during the accident. When determining fault, the court will look at a variety of factors, including the speed of the vehicles, the type of road conditions at the time of the accident, and any possible recklessness or negligence on the part of either driver. In some cases, the court may also look at other factors, such as the visibility of the drivers or any distractions, such as cell phone use, that may have impacted the ability of either driver to avoid the accident. Once fault has been determined, the court will assign a percentage of fault to each party. The amount of damages that a party may be entitled to recover in an auto accident case is based on their degree of fault in causing the accident. For example, if one party is found to be 75% at fault and the other party is found to be 25% at fault, then the party found to be 75% at fault can only recover up to 25% of the damages they have suffered.

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