What is Comparative Fault and How Does it Apply to Car Accidents in Arkansas?

Arkansas is a fault-based car accident state. The driver or other party who was responsible for causing a crash can be held liable for the resulting damages. Our state’s modified comparative fault standard applies to car accident injury cases. Injured victims need to know how to navigate it. If you may bear partial fault for your own crash, an experienced Little Rock auto accident attorney can help you understand your rights, your options, and how to pursue the maximum compensation.

The reality is that car crashes in Arkansas are complicated. Many multi-vehicle collisions do not fit a simple, straightforward story in which one person bears the full blame. Comparative fault is often a key issue in the car accident claims process. Under Arkansas law, the percentage of fault assigned to you can directly affect whether you recover compensation and how much you will receive through a claim. It is crucial that you understand how the law works. 

What is Comparative Fault?

Comparative fault is a legal standard that rests on the principle of proportionate responsibility. The system allows injured victims to seek compensation even if they bear partial liability for their own accident. Car accident injury claims in Arkansas are subject to a comparative fault standard. 

How Does the Arkansas Comparative Negligence Law Work?

Arkansas follows a modified comparative fault system. Each party to an accident, including a car crash, will be liable for their share of the damages. Notably, an injured victim may still recover compensation as long as their share of fault is less than the combined fault of the party or parties they are pursuing. The reason is that Arkansas is a modified comparative fault state (Ark. Code Ann.  § 16-64-122) instead of a pure comparative fault state. 

Shared fault can turn what seems like a relatively straightforward car accident claim into a serious dispute over the precise percentages. After a major crash, a single percentage point of fault could represent thousands of dollars in compensation. You should never accept unfair blame for your crash. Insurance adjusters often look for excuses to shift liability onto victims. A finding that you were 20% at fault would reduce your recovery by 20%, while a finding that you were equally or more responsible than the opposing party or parties would prevent recovery altogether. 

What are Examples of Comparative Fault and Car Accident Injuries?

Comparative fault and car accident injury claims in Arkansas can often most easily be understood through examples. Imagine that you were involved in a two-vehicle crash at an intersection in Little Rock. You suffered $25,000 in total damages due to medical bills, lost wages, and pain and suffering. Here is an overview of how much you would be able to recover in compensation under the Arkansas comparative negligence law at different levels of fault: 

• 0% Fault: If you are not determined to be at fault at all for a crash, you have the right to pursue compensation for the full extent of your damages. In other words, you could seek the full $25,000 through a car accident injury claim. 

• 20% Fault: Should you be found 20% at fault for the crash at the intersection in Little Rock, you would be liable for 20% of your own damages. In this case, that would reduce your recovery by $5,000, down from $25,000 to $20,000. 

• 60% Fault: As Arkansas is a modified comparative negligence jurisdiction, car accident victims are prohibited from seeking compensation through a fault-based claim if they bear majority blame for their own crash. That means that if you are found 60% at fault for the crash, your compensation would be $0. 

FAQs: Comparative Fault in Car Accidents 

Can I still seek compensation if I am partially at fault for my own crash?

Yes. As Arkansas operates under a modified comparative negligence standard, a finding of partial fault does not make you ineligible to pursue a claim. In other words, you still have the right to seek compensation for your injuries even if you are partially at fault for your own accident. That is true so long as your fault for your own crash is below 50%. 

How is fault determined in a car accident in Little Rock?

In Arkansas, fault for a car accident is generally determined based on negligence. A driver or other party can be held liable for a collision if their failure to take proper care contributed to the crash. There is rarely a single piece of evidence that solely determines fault. A comprehensive investigation of a car accident in Little Rock is a must. 

How does modified comparative negligence work in Arkansas?

Arkansas is a modified comparative fault state. You can still recover if the other side was more responsible than you were, but you cannot recover if your fault was equal to or greater than all of the other parties involved. Under state law, a car accident victim can seek compensation for a crash that he or she is partially at fault for so long as that fault is less than 50%. 

Is Arkansas a contributory negligence state?

No. Only a small minority of U.S. states still operate under a contributory negligence standard. Arkansas is not one of them. Contributory negligence holds that injured victims cannot recover compensation from another party even when they bear only a small amount of fault for their own accident. Arkansas uses the more plaintiff-friendly comparative fault standard. 

Get Help From Our Arkansas Car Accident Lawyer

At Reed Firm, our Arkansas auto accident attorney provides honest guidance, clear communication, and thorough case evaluation to help injured individuals understand their rights and options. We believe excellence in injury representation begins with listening carefully, preparing every case thoroughly, and giving clients the information they need to make informed decisions.

If you have questions about comparative fault or any other aspect of your car accident claim, call 501-777-7333 or contact us online to schedule a free, no-obligation case review. From our Little Rock office, we represent injured individuals and families in car accident claims throughout Arkansas.