If you were injured in a Wagoner car accident while riding as a passenger in a vehicle, the driver may be liable for your injuries. Thus, you may be able to pursue a settlement against him or file an Oklahoma personal injury claim.
However, before you can claim that the driver owes you compensation, there must be a determination of who was at fault for the accident.
Oklahoma is a modified comparative fault state, which means that a driver who is 51 percent or more at fault in an accident cannot recover for his injuries in an accident. A driver who is 50 percent or less at fault can recover, but his recovery will be reduced by his percentage of fault for the accident.
Therefore, the percentage of your damages for which the driver will be responsible will depend upon his percentage of fault in the accident. If the driver is at fault for the entire accident, he will be responsible for all your injuries. If others share the fault, he will only be responsible for a percentage of your injuries.
Fault can be determined a few different ways. The policeman who arrives on the scene will make a preliminary determination of fault, which is evidenced by the police report and tickets.
Next, the insurance companies will make a determination of fault among themselves. The insurance companies’ claims adjusters will use the police reports, statements made in interviews of witnesses and participants in the accident, damage reports of the cars, and other evidence to make their final decision.
If you decide to accept a settlement from the driver’s insurance company without consulting an attorney, the amount you receive and the source of that compensation will be determined by the insurance company’s decision of who was at fault in the Wagoner car accident.
If you take an Oklahoma personal injury claim to court and the case goes to trial, the jury decides which party is at fault.
Free Consultation: Wagoner Car Accident Attorney
To find out if a driver should compensate you for your injuries as a passenger in a Wagoner car accident, contact the Wagoner auto accident attorney at the Personal Injury Law Office of Wagoner today.
For a free, no-obligation consultation, call 918-485-0335 or send your question using the email form on this page.