Short answer: Oklahoma is not a no-fault state. Under 23 O.S. § 13, contributory negligence "shall not bar a recovery" [1] unless the injured person's negligence is "of greater degree" [1] than the other side's, and § 14 reduces any recovery in proportion to the injured person's share.
Statute text from the Oklahoma State Courts Network (oscn.net), checked November 9, 2026. General information, not legal advice. Fault is decided by the facts of each case; only an attorney can tell you how the rule applies to yours.
The rule in the statute's own words
Title 23, section 13 of the Oklahoma Statutes, "Comparative Negligence":
In all actions hereafter brought, whether arising before or after the effective date of this act, for negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage, or unless any negligence of the person so injured, damaged or killed, is of greater degree than the combined negligence of any persons, firms or corporations causing such damage [1].
Section 14, "Damages Diminished in Proportion to Contributory Negligence": [2]
Where such contributory negligence is shown on the part of the person injured, damaged or killed, the amount of the recovery shall be diminished in proportion to such person's contributory negligence [2].
Section 12 adds that "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact, and shall at all times be left to the jury, unless a jury is waived by the parties." [3]
How the percentages work (illustrations, not predictions)
These examples use percentages only. They show the arithmetic of the statute's words and say nothing about what any real case is worth.
| Example | Injured person's share | Other driver's share | What the words of § 13 and § 14 do |
|---|---|---|---|
| A | 0% | 100% | No reduction |
| B | 20% | 80% | Recovery is reduced in proportion, by 20% |
| C | 40% | 60% | Reduced by 40% |
| D | 50% | 50% | The injured person's negligence is not "of greater degree" [1] than the other side's, so § 13 does not bar recovery; the amount is reduced by 50% |
| E | 51% | 49% | The injured person's negligence is "of greater degree," [1] so § 13 bars recovery |
| F | 60% | 40% | Barred |
On the words of the statute, the bar starts when the injured person's share is greater than the other side's, not when it is equal.
When more than one person is at fault, § 13 contains a second comparison, to "the combined negligence of any persons, firms or corporations causing such damage." [1] How the two comparisons work together can get complicated, and an attorney can explain how they apply to your facts.
Who pays what when more than one person is at fault
Another statute, 23 O.S. § 15, says that "In any civil action based on fault and not arising out of contract, the liability for damages caused by two or more persons shall be several only and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor." [4] Subsection C says it applies to civil actions based on fault "that accrue on or after November 1, 2011." [4] Put simply, each at-fault party answers for its own allocated share. An attorney can explain what that means for a claim like yours.
What "fault" means in practice
Fault is a finding about what each person did. Things that often come up in a crash:
- Speed, following distance, lane changes and signals.
- Who had the right of way, and traffic signals and signs.
- Phone use, impairment, or driving too fast for conditions.
A police report records what the officer saw and heard. It is useful evidence, but the officer's coding is not a legal finding of fault. See how to get a Tulsa crash report.
Why records help
Because a percentage can change the result, accurate records matter: photos of the scene, weather and lighting, witness names, the other driver's information and your own notes written soon after. Our free after-a-crash checklist and crash journal are built for this.
Sources
- 23 O.S. § 13, comparative negligence (Oklahoma State Courts Network) (checked November 9, 2026)Official source“shall not bar a recovery”“of greater degree”“In all actions hereafter brought, whether arising before or after the effective date of this act, for negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage, or unless any negligence of the person so injured, damaged or killed, is of greater degree than the combined negligence of any persons, firms or corporations causing such damage”“the combined negligence of any persons, firms or corporations causing such damage”
- 23 O.S. § 14, damages diminished in proportion (Oklahoma State Courts Network) (checked November 9, 2026)Official source“Damages Diminished in Proportion to Contributory Negligence”“Where such contributory negligence is shown on the part of the person injured, damaged or killed, the amount of the recovery shall be diminished in proportion to such person's contributory negligence”“the amount of the recovery shall be diminished in proportion to such person's contributory negligence”
- 23 O.S. § 12, contributory negligence a question of fact (Oklahoma State Courts Network) (checked November 9, 2026)Official source“The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact, and shall at all times be left to the jury, unless a jury is waived by the parties”“shall, in all cases whatsoever, be a question of fact, and shall at all times be left to the jury, unless a jury is waived by the parties”
- 23 O.S. § 15, several liability (Oklahoma State Courts Network) (checked November 9, 2026)Official source“In any civil action based on fault and not arising out of contract, the liability for damages caused by two or more persons shall be several only and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor”“that accrue on or after November 1, 2011”
Page last updated November 9, 2026. Attorney review pending. General information, not legal advice. Fees, hours and rules change; confirm on the official page. How we source.
Questions
Is Oklahoma a no-fault state?
No. Oklahoma is an at-fault state: a person injured by negligence recovers from the person at fault, and the statute says contributory negligence "shall not bar a recovery" [1] unless the injured person's negligence is of greater degree than the other side's. Any recovery is "diminished in proportion" to the injured person's share [2].
Is Oklahoma a contributory negligence state?
No. The statute says contributory negligence "shall not bar a recovery" [1] unless the injured person's negligence is "of greater degree" [1] than the negligence of the person, firm or corporation causing the damage, or of their combined negligence if more than one is at fault (23 O.S. § 13). That is comparative negligence, not the older rule where any fault bars a claim. Under § 14, where contributory negligence is shown "the amount of the recovery shall be diminished in proportion to such person's contributory negligence." [2]
What is Oklahoma's 51 percent rule?
People use that nickname because, on the words of § 13, recovery is barred when the injured person's negligence is "of greater degree" [1] than the other side's. If your share is greater than the other side's, § 13 bars recovery; otherwise the amount is reduced by your share under § 14. The nickname is not in the statute, and an attorney can confirm how courts apply the words.
What if we are each 50 percent at fault?
On the words of the statute, a 50 percent share is not "of greater degree" [1] than the other side's 50 percent, so § 13 does not bar recovery and § 14 reduces the amount. This is a plain reading of the statute text, and a licensed Oklahoma attorney can confirm how courts apply it.
Does comparative negligence change how long I have to file?
No. Fault rules and filing deadlines are separate. See Oklahoma deadlines.
Who decides who is at fault?
Under § 12 the defense of contributory negligence "shall, in all cases whatsoever, be a question of fact, and shall at all times be left to the jury, unless a jury is waived by the parties." [3] Insurance companies also assign fault when they handle claims.
Does a traffic ticket decide fault?
A ticket is one piece of information. It does not by itself settle fault in a civil case.
Keep reading
- State reference
Oklahoma statute of limitations for car accident injury claims
Oklahoma gives two years for most injury claims after a crash and for wrongful death. Exact statute text, the one-year government claim rule and exceptions.
Open - State reference
Oklahoma minimum car insurance and uninsured motorist rules
Oklahoma's minimum liability limits are $25,000 / $50,000 / $25,000. Statute text, the penalty for no insurance and how uninsured motorist coverage works.
Open - City guide
What to do after a car accident in Tulsa
Tulsa car accident steps: who to call, how to get your crash report, local hospital notes and Oklahoma rules on deadlines and reporting. Checked Nov 2026.
Open - State reference
Is Tennessee a comparative fault state?
Tennessee uses modified comparative fault: recover if your share is less than the other side's, reduced by your percentage. McIntyre v. Balentine explained.
Open - State reference
Is Alabama a contributory negligence state?
Yes. Alabama follows contributory negligence, which its supreme court calls a complete defense. What two opinions say and how it differs from Tennessee.
Open