When you get injured in a car accident, you may initially be in a state of shock. Once you’ve processed what just happened and taken the time to recover from your injuries, you may decide that filing a claim for compensation is the best way to hold the negligent parties accountable for the injuries you’ve suffered.
When filing a lawsuit in the state of Oklahoma, it’s important to know a few car accident laws on the front end so you can be prepared when heading into court. At Talley, Turner & Bertman, our lawyers have a lot of experience with car accident cases, and we can help maximize your claim value by identifying all liable parties and proving negligence was involved.
Reporting a Car Accident
While this may be an instant reaction, it’s required by law that all parties involved in a car accident immediately notify the police by the quickest form of communication possible after getting in a wreck. You may also be required to submit written proof of what happened to the Department of Public Safety.
Having a police report submitted right after the accident occurs is essential, because when you go to file your claim, whether it’s weeks, months, or a year down the line, you’ll need this evidence to help prove what happened, who was there, what injuries occurred, and who was at fault.
Modified Comparative Negligence in Oklahoma
Another important car accident law to consider is Oklahoma’s modified comparative negligence law. This law will be relevant if you shared fault in your car accident. Oftentimes, injured victims in car accidents are hesitant to file claims against other liable parties because they think they don’t deserve compensation when they shared fault, but this isn’t true.
The modified comparative negligence law allows anyone who was partially at fault for an accident to file for compensation against other liable parties. Once your percentage of fault in the accident is determined, this percentage will be deducted from your final claim amount. For instance, if you’re found to be 30 percent at fault for the crash and your settlement is $80,000, you’ll receive $56,000.
Statute of Limitations
The statute of limitations applies to all personal injury claims in Oklahoma and is essential to note when filing your lawsuit. This statute puts a two-year time limit on when you can file your car accident claim. If you don’t file your claim within two years of when your car accident occurred, the Oklahoma court system won’t hear your case, and you won’t receive any compensation for your wreck.
However, if you’re diagnosed with an injury from your car accident at a later date, the statute of limitations will start over and begin on the date of your injury diagnosis.
Contact an Oklahoma Car Accident Lawyer
Being injured in a car accident is a traumatic experience, and you don’t deserve to bear the burden of your expenses alone. With the help of a car accident lawyer from Talley, Turner & Bertman, you’ll feel better prepared as you pursue the compensation that’s rightfully yours.
If you’re ready to speak with a car accident lawyer about your case, you can fill out the contact form below or call 405-364-8300.