One of the most common ways liable parties attempt to avoid their financial obligations is by blaming the victim for causing truck accidents and their resulting injuries. Although another party may be at fault, that does not mean they will be willing to accept responsibility for their actions. You may need to be ready to advocate for yourself and fight for your right to maximum compensation.
When the liable party tries to rewrite history and blame you, it could have a devastating impact on the outcome of your case. If you are partially at fault for the truck accident you were involved in, you can still be awarded the compensation you need to cover your costs and start to move forward with your life. Your dedicated Ponca City truck accident lawyer at BDIW Law is here to help.
The at-fault party or insurance company would have you believe you do not have the right to compensation if you are partially to blame. However, this is not the case in the state of Oklahoma. Contact our office for a free consultation today to learn more about how your settlement could be affected if you share the blame for your truck accident injuries.
Accusing Injury Victims of Shared Liability Is Common in Truck Accident Claims
The individual or entity that caused your truck accident will be expected to compensate you fairly for your damages. As you can imagine, liable parties often want to avoid these financial obligations. Insurance companies will also go to great lengths to escape the payout on your claim.
Attempting to capitalize on Oklahoma’s share liability laws is one of the most common ways at-fault parties and insurers attempt to take advantage of injury victims. You would hope that after everything you have been through, those responsible would be more than willing to ensure your costs are covered. Sadly, liable parties often prioritize their interests above all else.
For this reason, you should not be surprised if you are accused of sharing blame. The individual who caused the accident and the insurance company may even attempt to convince you that you are partially at fault. Having a dedicated car accident lawyer on your side is the best way to protect yourself and your anticipated truck accident settlement.
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Oklahoma Modified Comparative Negligence Laws
Oklahoma follows modified comparative negligence laws. This is how the state handles shared liability claims. In some states, sharing blame will prohibit you from recovering compensation while others allow you to be awarded compensation no matter how much of the blame you carry.
However, in Oklahoma, we follow a modified comparative negligence system. This means you can receive a settlement award despite sharing liability, but your portion of blame cannot exceed the threshold. Generally, your portion of blame cannot be greater than between 49% and 51%.
If you share more than the state’s limit on shared liability, you can expect your legal options to be severely limited. The court system will prevent you from pursuing your case further. The insurance company may have grounds to deny your claim altogether.
What Happens If Your Portion of Blame Is Less than the Bar Threshold?
If your portion of the fault is less than the bar limit, you can breathe a sigh of relief. You will still have the right to a settlement award if you do not carry the majority of the blame for the accident. However, you will still need to answer for your portion of the fault.
To do this, the court system will deduct your portion of the fault from your settlement. This can have a substantial impact on the amount of compensation you ultimately recover in your case. The more blame you carry, the less the liable party will be expected to pay you.
An Example of How OK’s Modified Comparative Negligence Laws Could Impact Your Settlement
It can be difficult to understand how Oklahoma’s modified comparative negligence laws work. Your attorney will review the details of your case to ensure you have a clear understanding of how your claim may be affected. Here is a real-life example of modified comparative negligence lies in action:
Matt was driving down Interstate 40 when he was cut off by a tractor-trailer. The commercial truck ended up jackknifing, which ultimately cost Matt a limb leading to permanent disability. Unfortunately, the defense accused Matt of driving 10 mph over the speed limit, therefore contributing to the collision.
Since Matt was speeding at the time of the accident, he is found to share 5% of the blame for the accident. The jury ultimately awarded Matt $2 million for his damages. However, after 5% was deducted from his settlement, Matt was awarded a total of $1.9 million at a $100,000 loss.
Challenging the Defense’s Case Against You
The best way to protect yourself from shared liability having a substantial impact on your settlement is to have your truck accident attorney challenge the liable party’s case against you. We will thoroughly investigate the cause of your accident and gather powerful supporting evidence that clearly identifies the liable party. This way, we can refute the defense’s unjust allegations of shared liability and get the most out of your claim.
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Connect with an Experienced OK Truck Accident Lawyer at BDIW Law Today
Being partially responsible for causing a commercial truck accident does not mean the party that is primarily at fault can avoid liability. Even if you are partially to blame, the individual or entity that carries most of the blame should still compensate you for your losses accordingly. Oklahoma’s modified comparative negligence laws are on your side.
When your portion of blame does not exceed the state’s threshold, you should still fight for justice. With help from Oklahoma’s leading truck accident law firm, you can get the most out of your claim. Reach out to our team at BDIW Law for a no-cost, risk-free consultation today.
When you are ready to challenge the liable party’s unscrupulous tactics, but are not sure where to begin, do not hesitate. Fill out our quick contact form or call our office to start working on your case as soon as today. When you can finally move forward from this traumatic experience, you will be glad you did.
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