What Is Arkansas’ Modified Comparative Negligence Rule?

Arkansas’ modified comparative negligence rule is important for every Arkansan to understand. When you get injured in an accident, your right to receive compensation (if any) is governed by Arkansas law. While several laws can come into play, one of the most important is Arkansas’ modified comparative negligence law. 

This is the law that determines your legal rights when you are partially at fault in an accident. While you should never assume that you were partially at fault in an accident, it is an important possibility to consider. Regardless of what happened, there is a good chance that the insurance companies will accuse you of being partially at fault, and you will need to deal with these accusations effectively to seek the full compensation you deserve. 

What Are Your Legal Rights When You Are Partially at Fault in an Accident in Arkansas?

So, what are your legal rights if you were partially at fault in a vehicle collision or other accident? Under Section 16-64-122 of the Arkansas Code:

“If the fault chargeable to a party claiming damages is of a lesser degree than the fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is entitled to recover the amount of his or her damages after they have been diminished in proportion to the degree of his or her own fault.”

If you find this confusing, you are not alone. Basically, what the law says is that if you are less than 50% at fault in an accident, you are entitled to just compensation for your losses. If you are 0% at fault, you are entitled to recover 100% of your losses. However, if you are between 1% and 49% at fault, then the amount of your compensation award will be reduced based on your percentage of fault. For example, if you were 10% at fault, you would be entitled to recover 90% of your losses; or, if you were 49% at fault, you would be entitled to recover 51% of your losses.

What if you are 50% or more at fault? Arkansas’ modified comparative negligence law addresses this as well, stating: 

“If the fault chargeable to a party claiming damages is equal to or greater in degree than any fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is not entitled to recover such damages.”

This means that if you are deemed 50% or more at fault in an accident in Arkansas, you are not entitled to any financial compensation. As a result, in some cases, 1% can be the difference between recovering half (or just over half) of your losses and recovering nothing at all.

What Does it Mean to Be Partially at Fault?

All of this raises a very important question: What does it mean to be partially at fault in an accident? 

Arkansas’ modified comparative negligence statute addresses this as well. Under Section 16-64-122(c), “fault” can involve, “any act, omission, conduct, risk assumed, breach of warranty, or breach of any legal duty which is a proximate cause of any damages sustained by any party.” Speeding, following too closely, and using your phone behind the wheel are all common examples of issues that can lead to being deemed partially at fault in a car or truck accident. But, there are numerous examples as well; and, in addition to applying to vehicle collisions, Arkansas’ modified comparative negligence rule applies to construction accidents and other types of personal injury cases.

Making Sure You Aren’t Wrongfully Accused of Being Partially at Fault

With all of this in mind, how can you make sure you aren’t wrongfully accused of being partially at fault in an accident? As we said above, one of the most important things you can do is avoid making any assumptions about your legal rights. No matter what happened, you should not assume that you were partially at fault, and you should not let an insurance adjuster talk you into admitting responsibility when you don’t really know what happened or who was to blame. 

To determine who is responsible for your accident, you will need to hire a lawyer to conduct an investigation. Your lawyer will investigate with your best interests in mind. Then, your lawyer will help you make informed decisions about your legal rights; and, if necessary, your lawyer will be able to use the evidence gathered during the investigation to deal with any allegations of comparative negligence on your behalf. 

Talk to a Personal Injury Lawyer for FREE 

Do you have questions or concerns about being deemed partially at fault in an accident? If so, we encourage you to contact us promptly to discuss how Arkansas’ modified comparative negligence rule may apply to your case. 

Contact Oliver Law Firm today online or at 479-202-5200 for a FREE case evaluation. We serve clients throughout Arkansas and throughout the United States from our office in Rogers, AR.