OKLAHOMA AUTO INSURANCE GUIDE
Oklahoma Modified Comparative Negligence & Crash Liability
Oklahoma uses modified comparative negligence. Under 23 O.S. § 13, contributory negligence does not bar recovery unless the claimant’s negligence is greater than the negligence of the person causing the damage or greater than the combined negligence of all persons causing the damage. Damages are reduced proportionally under § 14.
- A claimant at exactly 50% fault may recover when combined opposing fault is 50%; a claimant at 51% is barred.
- Identify all persons whose negligence may properly be combined for comparison.
- Preserve physical, electronic and witness evidence relevant to causation and allocation.
- Apply comparative negligence together with Oklahoma’s several-liability rules and current appellate authority.
Primary Oklahoma Source
23 O.S. § 13 — Comparative Negligence
Current-law review: September 16, 2026. Oklahoma bars recovery only when claimant negligence is greater than the opposing negligence used for comparison.
VictimsGuide 