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At NST Law, we’ve seen Arkansas’ comparative fault law affect countless injury claims. If you or a loved one was injured due to someone else’s wrongdoing, we can help you reduce your potential liability and seek maximum compensation. Our Arkansas personal injury lawyers have a deep understanding of the state’s legal system and are ready to use it in your favor.
What Is Comparative Fault in Arkansas?
Most states attribute fault in personal injury cases through a system called “comparative fault.” This means that each party involved in the accident is assigned a percentage of fault reflecting how much their actions contributed to the accident.
There are two main types of comparative fault systems:
- Pure comparative fault allows an injured party to recover compensation when liability is shared, no matter how much they were at fault for the accident.
- Modified comparative fault limits the percentage of fault a party can have and still be eligible for compensation.
Arkansas is a modified comparative fault state. Under this rule, you can only recover compensation if you’re less than 50 percent at fault for your injury.
How Comparative Fault Works in Arkansas
You may recover compensation in Arkansas if your percentage of fault is 49 percent or less. Your compensation may be reduced by your percentage of fault. The way this law applies will depend on your specific circumstances, as in the following scenarios.
Comparative Negligence in an Arkansas Car Accident
Imagine a situation where you’re driving and rear-end another car. You were using your phone at the time of the accident, but the other party was driving too slowly for the road conditions.
During fault distribution, you’re found to be 40 percent at fault because you were distracted. The other party is found to be 60 percent at fault for driving too slowly.
Your total damages are $50,000. Since you’re 40 percent at fault, you receive only 60 percent of that amount, so your compensation is reduced to $30,000.
Under Arkansas’ fault law, you would have been ineligible to recover any compensation if your percentage of fault was found to be 50 percent or more.
Comparative Negligence in an Arkansas Slip and Fall Accident
You’re shopping at a grocery store and encounter a puddle of water on the floor near the dairy section. You slip and fall, and the store claims you were walking too quickly, which prevented you from noticing the puddle before you could avoid it.
Your percentage of fault is 20 percent for walking too quickly. The store is 80 percent at fault for failing to clean up the spill or provide adequate warning.
The total value of your damages is $30,000. You receive 80 percent of this amount, which is $24,000.
Comparative Negligence in an Arkansas Boat Accident
You’re operating a boat that collides with another boat. You were traveling at high speed while the other boat was anchored. However, the other boat had a visible, unlit obstruction that caused you to crash into it at night.
During fault distribution, you’re found to be 40 percent at fault for speeding and not following safety guidelines. The other boat operator is deemed 60 percent at fault for having an unlit obstruction that was not easily visible to other boaters.
Your damages total $80,000. Since you’re 40 percent at fault, you receive $48,000.
If you had been more than 49 percent at fault, you wouldn’t have been eligible to recover any damages under Arkansas’ modified comparative fault rule.
How Is Fault Determined in an Arkansas Injury Case?
Determining fault for an Arkansas accident involves multiple factors, including:
- Evidence collection: Our Arkansas injury attorneys determine each party’s fault by gathering strong evidence, such as witness statements, surveillance footage, and accident scene photos.
- Accident investigation: We may work with accident reconstruction experts and analyze the police report to understand the circumstances of the accident.
- Legal standards: If another party owed you a duty of care and violated it, that may increase their percentage of fault.
- Contributory actions: The plaintiff’s and defendant’s actions leading up to the accident are weighed against each other. If the accident had not happened without one party’s actions, they may be more at fault than the other party.
- Expert testimony: Our team may consult with experts in the field. For instance, if you were injured in a truck accident involving loose cargo, we may consult a trucking expert to demonstrate how improper loading caused the accident.
After evaluating the arguments and evidence we present, the insurance company or court will assign a percentage of fault to each party. If either party is found to be 50 percent or more at fault for the accident, they may not recover compensation for their damages.
Why You Need an Experienced Arkansas Attorney
The insurance company doesn’t want to pay you what you deserve if it affects its bottom line. It will do everything in its power to reduce your compensation, including blaming you for your injuries wrongfully.
Our attorneys can level the playing field between you and the insurer. If the insurer unfairly attributes fault to you, we can present evidence challenging its claims. We’ll strive to reduce your percentage of fault as much as possible to maximize your compensation.
Determining each party’s degree of fault is challenging. Our experience with countless personal injury claims in Arkansas allows us to handle this intricate process on your behalf. We can help you understand how comparative fault works in your specific case and fight for your best interests.
Start Your Arkansas Personal Injury Claim Today
You can count on NST Law to seek the best possible outcome for your personal injury case. With over 30 years of personal injury experience, we’ve recovered billions in settlements and verdicts for our clients.
When you turn to our Arkansas personal injury lawyers, you’ll enjoy personalized service that puts your needs first. We’re passionate about serving the injured, and you’ll notice this difference from the moment you reach out. This approach has earned us many professional recognitions, including Super Lawyers ratings and inclusion among America’s Most Honored Lawyers.
Our no-win, no-fee representation means you pay zero out-of-pocket costs for our services. We’re ready to help you start moving forward. If you or a loved one has been injured in an accident, call NST Law today at 800-529-4004 or contact us online for a free consultation.
FAQs
No. Under Arkansas’ modified comparative fault law, you cannot recover damages if you’re mostly at fault.
You cannot receive compensation if your percentage of fault is equal to or greater than the other party’s. That means you’re ineligible for compensation if you’re 50 percent responsible for the accident.
No. The comparative fault law in Arkansas applies to all types of personal injuries.
You can prove fault in an injury case by working with a skilled personal injury attorney.
