If you have been in a car accident in Oklahoma, one of the key issues that will arise is determining who is at fault. This is important because the at-fault driver may be held responsible for any injuries, property damage, or other losses resulting from the accident. Proving fault can be challenging, but with the right evidence and legal strategy, you can increase your chances of success. In this blog post, we will provide some tips on how to prove fault in an Oklahoma car accident case
The first step in proving fault in a car accident case is to gather evidence. This includes taking photos of the accident scene, including any damage to the vehicles involved, as well as any skid marks, debris, or other evidence that may help reconstruct what happened. You should also get the contact information of any witnesses who saw the accident, and if possible, get a written statement from them. Additionally, you should obtain a copy of the police report, which can provide valuable information about the accident, including any citations issued to the drivers involved.
Establish the legal basis for fault
In Oklahoma, car accident cases are typically governed by the legal concept of negligence. This means that the at-fault driver must have breached their duty to exercise reasonable care while driving, and that breach must have caused your injuries or other losses. To prove negligence, you must establish the following elements:
- Duty: The at-fault driver owed a duty of care to you and other drivers on the road.
- Breach: The at-fault driver breached that duty by acting negligently, such as by speeding, running a red light, or texting while driving.
- Causation: The at-fault driver’s breach of duty caused your injuries or other losses.
- Damages: You suffered damages, such as medical bills, lost wages, or pain and suffering, as a result of the accident.
Work with an experienced car accident attorney
Proving fault in a car accident case can be complex, and it’s important to work with an experienced attorney who can help you navigate the legal process. An attorney can help you gather evidence, establish negligence, and negotiate with the insurance company to ensure that you receive fair compensation for your losses. Additionally, an attorney can represent you in court if necessary, and advocate for your rights throughout the legal process.
Be aware of Oklahoma’s comparative negligence law
Oklahoma follows the legal doctrine of comparative negligence, which means that the court will assign a percentage of fault to each driver involved in the accident. If you are found to be partially at fault for the accident, your compensation may be reduced accordingly. For example, if you were found to be 30% at fault for the accident, your compensation may be reduced by 30%. It’s important to be aware of this law and work with your attorney to establish that the other driver was primarily at fault for the accident.
Don’t delay in filing your claim
In Oklahoma, the statute of limitations for personal injury claims is two years from the date of the accident. This means that if you don’t file your claim within this time frame, you may lose your right to seek compensation for your losses. It’s important to act quickly and work with an attorney to ensure that your claim is filed within the statute of limitations.
Be cautious when speaking with the insurance company
After an accident, you may be contacted by the other driver’s insurance company. It’s important to be cautious when speaking with them and avoid making any statements that could be used against you later. The insurance company’s goal is to minimize their liability, and they may use anything you say against you to reduce your compensation or deny your claim altogether. It’s best to let your attorney handle all communication with the insurance company.
Murray Law Firm is a law firm based in Oklahoma that specializes in personal injury cases, including car accident cases. We can help you with proving fault in your Oklahoma car accident case by providing the following services:
Evidence gathering: Our team can help you gather evidence to establish fault, including taking photos of the accident scene, obtaining witness statements, and obtaining a copy of the police report.
Legal strategy: We can help you establish the legal basis for fault by analyzing the evidence, determining the applicable legal standards, and developing a legal strategy to prove negligence.
Negotiation with insurance companies: We can negotiate with the insurance company on your behalf to ensure that you receive fair compensation for your losses, including medical bills, lost wages, and pain and suffering.
Litigation: If necessary, we can represent you in court and advocate for your rights throughout the legal process.
At Murray Law Firm, we have extensive experience handling car accident cases in Oklahoma, and we understand the complexities of Oklahoma’s comparative negligence law. We are dedicated to helping our clients obtain the compensation they deserve for their injuries and other losses. Contact us today to schedule a free consultation and learn how we can help with your Oklahoma car accident case.