Weather conditions can affect car accident liability in Oklahoma, depending on the specific circumstances. Weather in Oklahoma can change quickly—from heavy rain and sleet to ice storms and high winds. When dangerous conditions contribute to a car accident, many drivers wonder how liability is determined. While bad weather may seem like an excuse, the law still expects drivers to act responsibly. Understanding how Oklahoma courts view these cases can help protect your rights after a crash.
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Oklahoma Is a Comparative Negligence State
Under Oklahoma’s comparative negligence law (23 O.S. § 13), multiple drivers may share fault in an accident. If weather plays a role—such as icy roads or limited visibility—drivers still have a duty to exercise reasonable care for the conditions.
That means if you’re driving during a storm, you’re expected to:
- Reduce your speed
- Use headlights
- Maintain a safe following distance
- Avoid sudden braking
- Stay alert to road hazards
Failure to do so can result in liability—even if weather was a contributing factor.
Who Is at Fault in a Weather-Related Accident?
Liability is based on whether each driver acted reasonably for the circumstances. Courts and insurance adjusters will look at facts like:
- Speed at the time of the crash
- Use of headlights or hazard lights
- Condition of tires and brakes
- Whether the driver was following too closely
- Failure to yield or improper lane changes
If a driver skids on ice and rear-ends another vehicle, they may still be held at fault, especially if they were driving too fast for the road conditions.
What Happens If Both Drivers Share Fault?
If it is determined that both drivers share fault for the accident, then you can recover damages as long as you’re less than 51% at fault. However, your compensation is reduced by your percentage of fault.
For example, if you’re found 30% at fault because you were driving a little too fast in the rain, and the other driver is 70% at fault for not yielding, you could still recover 70% of your damages.
Tulsa Car Accident Attorneys
If you’ve been injured in a crash during poor weather, don’t assume liability is clear-cut. A skilled car accident lawyer can help gather evidence, negotiate with insurance companies, and fight to ensure you aren’t unfairly blamed. For a free consultation with a Tulsa car accident attorney, call Kania Law Office at 918.743.2233. Or you can follow this link to ask a free online legal question.
Tulsa's Local Personal Injury Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of personal injury attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.
Call us today for a free consultation 918-743-2233 or contact us online.