Comparative Negligence in Tulsa: How Juries Decide Fault in Civil Cases

Comparative negligence is a system that Oklahoma Law uses to assess and allocate fault when more than one party may have contributed to the accident. Under this legal doctrine, a plaintiff’s compensation may be reduced or even barred depending on their share of the blame. This is common with accidents where the facts aren’t as clear, or haven’t been investigated. Here we will lay out the groundwork for what this means in a personal injury case.

What Is Comparative Negligence?

Comparative negligence is a legal principle that determines how much each party contributed to an accident or injury. Rather than placing all the blame on one side, the court evaluates the actions of both the plaintiff and the defendant to assign a percentage of fault to each. This is determined often by the facts laid out in a police report.

Oklahoma follows a version known as modified comparative negligence with a 51% bar rule. This means that a plaintiff can recover damages only if they are found to be 50% or less at fault for the incident. However, if the plaintiff is 51% or more at fault, they are barred from recovering any compensation.

How Juries Determine Fault in Tulsa Civil Cases

In a Tulsa civil trial, the jury hears evidence and testimony about how the accident occurred. They consider factors such as:

• Whether the defendant acted negligently or carelessly
• Whether the plaintiff failed to take reasonable steps to avoid harm
• The surrounding circumstances and conduct of all parties involved

After evaluating the facts, the jury assigns a percentage of fault to each party. For example, in a car accident case, the jury may find that the defendant was 70% responsible for speeding, while the plaintiff was 30% responsible for failing to yield.

How Fault Affects Compensation

After assigning fault, courts reduce the plaintiff’s total award in proportion to their share of fault. For instance, if a jury awards $100,000 in damages but finds the plaintiff 30% at fault, the plaintiff will receive $70,000. If courts find the plaintiff even 51% at fault, they receive nothing under Oklahoma law.

This system allows juries to reach fairer outcomes in complex cases where both parties may have played a role in the accident.

Common Types of Cases Involving Comparative Negligence

Comparative negligence appears in a variety of civil cases in Tulsa, such as:

• Car and truck accidents
• Slip and fall or premises liability claims
• Dog bites or animal attacks
• Product liability cases
• Construction site injuries

In each of these situations, juries must weigh the conduct of all parties and determine how to divide the blame.

Tulsa Civil Attorneys

Understanding how comparative negligence works is crucial to your legal strategy and potential recovery in a personal injury case in Tulsa. Since even small differences in fault can significantly impact your case, hiring our qualified attorneys can make all the difference. To schedule a free consultation, call our Kania Law Office attorneys today at 918-743-2233, or reach us on our Ask A Lawyer page.