Comparative Negligence

When there is an accident, they’re called “accidents” for a reason. An overwhelming majority of people don’t wake up in the morning planning on crashing their vehicle into something or someone. It is often due to other factors, such as the angle of the sun, the weather, or the condition of the road. However, sometimes carelessness or negligence comes into play; driver speed, driving without headlights, running a red light, and more can cause injuries and death. When this happens, and someone is injured, one course of action the injured party can take is to gain compensation for lost wages, medical bills, or loss of companionship. But what happens when both parties are somehow at fault?

In Oklahoma and Arkansas, there is modified comparative negligence for cases where both parties share fault, but use the 50% rule. That is, if it has been determined that an injured party is less than 50% at fault for the accident, they may be awarded damages. However, they may only be awarded a percentage of the damages based on the amount of fault.

One example that has been used is that of two vehicles traveling in the fog. If a vehicle is speeding through the fog and hits another vehicle traveling without its headlights, then both parties share blame in the accident. And if it has been determined that the speeding driver shares 60% of the negligence, and the driver driving without headlights 40%, the speeding driver will not receive any damages. The driver who received 40% of the blame will receive damages, but minus 40%. If they were to receive $10,000 in damages, they would only be rewarded $6000 after the 40% fault is taken into account.

If you or a loved one has been involved in an auto accident, please contact Carr & Carr. We will fight for the compensation you deserve. To receive a complimentary consultation with a lawyer, contact Carr & Carr Attorneys or call 1-877-392-4878.

Posted by Patti

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