Oklahoma · Comparative Negligence

Oklahoma Comparative Negligence Rule

Oklahoma follows a modified 51% bar rule under Okla. Stat. tit. 23, § 13. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Oklahoma

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Oklahoma

Modified comparative negligence with a 51% bar; the plaintiff is barred only when negligence is "of greater degree" than the defendant’s or combined defendants’.

Related: Oklahoma statute of limitations

Oklahoma gives you 2 years to file a personal injury lawsuit under 12 Okla. Stat. § 95.

See the full Oklahoma statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Oklahoma attorney before relying on it.

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Oklahoma Comparative Negligence FAQ

What comparative negligence rule does Oklahoma follow?

Oklahoma follows a modified 51% bar rule under Okla. Stat. tit. 23, § 13. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Oklahoma?

Yes, up to a point. In Oklahoma you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Oklahoma?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Oklahoma bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Oklahoma?

Oklahoma gives you 2 years to file a personal injury lawsuit under 12 Okla. Stat. § 95.

Where can I read the actual rule?

The controlling authority is Okla. Stat. tit. 23, § 13. The full text is available at https://law.justia.com/codes/oklahoma/title-23/section-23-13/.

See comparative negligence rules for all 51 covered states

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