After a car accident in Arkansas, many injury victims assume they cannot recover compensation if they were even partially responsible. That is not always true. Minton Law Firm regularly represents clients in Conway, Sherwood, and surrounding areas who are surprised to learn that Arkansas law may still allow recovery—even when they share some fault for the accident.
Understanding how partial fault works in an Arkansas car accident is essential to protecting your legal rights and pursuing fair compensation.
Arkansas follows a modified comparative negligence rule, sometimes referred to as a modified comparative fault system. Under this system, an injured person may recover damages only if they are less than 50% at fault for the accident.
If you are found to be:
This rule applies to car accident cases, truck accidents, and other personal injury cases under Arkansas law.
Being partially at fault means that more than one party contributed to the accident. Fault is determined by examining each driver’s actions before and during the crash.
Examples include:
In these situations, liability is often divided between the at fault driver and the other driver.
Determining fault requires a detailed investigation of the accident scene and surrounding facts.
Evidence used to determine fault may include:
Insurance companies and insurance adjusters rely heavily on this evidence during insurance negotiations.
Under Arkansas’s modified comparative fault rule, your compensation is reduced by your percentage of fault.
Example:
This applies to:
The key is staying below the 50% fault threshold.
Insurance companies frequently attempt to assign more fault to injury victims to reduce or deny payouts. An insurance company or insurance adjuster may argue that you were:
This is why having an experienced car accident lawyer is critical when pursuing a personal injury claim.
While rear end collisions are often assumed to be the fault of the trailing driver, that is not always the case.
Partial fault may be assigned if:
Comparative negligence analysis is common in rear end accident cases.
Fault disputes are especially common in truck accident cases. Truck accidents often involve:
Driver fatigue, improper maintenance, or unsafe lane changes can all contribute to shared fault in truck accident cases.
To protect your claim, it is essential to:
Medical documentation helps establish the severity of serious injuries and links them directly to the accident.
If you are partially responsible but below the fault threshold, you may still recover damages for:
An experienced attorney can ensure all damages are properly calculated.
Partial-fault cases are heavily contested. Insurance companies rely on fault arguments to minimize payouts and force out-of-court settlement offers that may not reflect the true value of your claim.
An experienced personal injury attorney can:
Strong legal representation improves your chances of securing a fair settlement.
Minton Law Firm represents injury victims throughout Central Arkansas, including Conway and Sherwood, in car accident cases involving comparative fault. Local knowledge of Arkansas courts, insurers, and accident patterns plays an important role in building strong claims.
If you were injured in an Arkansas car accident and believe you may be partially at fault, do not assume you are out of options. You may still be entitled to compensation under Arkansas’s modified comparative negligence laws.
Minton Law Firm offers a free consultation and handles cases on a contingency fee basis, meaning you pay nothing unless compensation is recovered. Call 501.794.0001 today to speak with an experienced car accident lawyer about your legal rights and next steps.
"*" indicates required fields
