I. Oklahoma Car Accident Laws
If you have been involved in a car accident in Oklahoma, there are several state laws that can significantly affect your car accident, including:
- It’s been two years since the Oklahoma Civil Court filed lawsuits for said motor vehicle accident(s).
- The Oklahoma “modified comparative error” rule allows for financial recovery only if the claimant’s level of liability for the case is lower than that of the other party (or participating party).
II. The Oklahoma Car Accident Statute of Limitations
A “statute of limitations” is a state law that limits your ability to prosecute.
(This does not apply to car insurance claims.) Insurance companies are required to file a claim “quickly” or “within a reasonable time” or at least notify the insurer of any event that would lead to an accident lawsuit. This usually means days, not weeks.
The statute of limitations for almost all traffic accidents is covered by Oklahoma statute 12, section 95 (except for wrongful deaths, which will be discussed later). This law gives you two years to bring a civil action in the state court for bodily injury or damage to your vehicle or other personal property.
Thus, in the case of a car accident, this means that if any person (whether driver, passenger, motorcyclist, cyclist, motorcyclist, electric motorcyclist, or pedestrian) is injured in the crash, or their vehicle or other personal property is damaged, they must bring proceedings against any potential defendant within two years from the day of the accident.
This means that if a person (driver, passenger, motorcyclist, cyclist, motorcyclist, electric motorcyclist or pedestrian) is injured in an accident or damaged in a vehicle, he/she must bring proceedings to a potential defendant within two years of the date of the accident. However, if someone dies in a car accident, Oklahoma Statute title 12, section 1053 requires an agent of the estate to file a wrongful death suit within two years, but the “time” begins on the day of death, which may be later than the accident itself.
Regardless of the deadline that applies, if you try to file a lawsuit after the aforementioned time limit, you can be sure that the defendant (the person you are suing) will disagree in court as part of a motion to dismiss. The court will probably satisfy this request (unless rare exceptions are used to extend the filing period), which means your case is closed. Therefore, it is important to understand how the law applies to your situation.
III. Comparative Negligence in Oklahoma Car Accident Cases
Suppose you were seriously injured in a car accident in Oklahoma and file a lawsuit. After hearing all the evidence, the jury decides that the other driver is responsible for the accident, but also you are responsible. What happens now? What will be the consequences of this decision on your rights to compensation? Oklahoma is a state of “modified comparability neglect.” Under Title 23, Section 13 of the Oklahoma Statutes, you may still be entitled to compensation in court for a motor vehicle accident. However, if this contribution does not exceed the quota of the others, the remuneration will be reduced depending on the share of the person’s negligence.
For example, suppose a jury finds that your injuries, pain, suffering, and other expenses totaled $100,000. But the jury still thinks you’re responsible for 10% of accidents. In this case, the total loss of $100,000 is reduced by 10% or $10,000, leaving you with $90,000.
If the error level exceeds that of the other party (or parties), the courts will not allow recovery under Oklahoma law. The other party’s negligence rule is mandatory for Oklahoma judges and juries (if your car accident goes to court) and instructs auto insurance reformers to resolve your case.
Get Started Today