Can More Than One Driver Be at Fault in a Car Accident?

In some cases, determining fault in a car accident can be pretty straightforward. Sometimes, one driver rear-ends or sideswipes another, and there is no question that the driver who did the rear-ending or sideswiping was at fault. 

However, frequently, determining fault in a car accident is more complicated, as more than one factor may be involved. This could be the case if both drivers made mistakes that led to their collision, or it could be the case in a multi-vehicle accident. If more than one driver was at fault in your car accident, what does this mean for your legal rights in Arkansas?

Here’s what you need to know: 

More Than One Driver Can Be At Fault in a Car Accident 

It is possible for more than one driver to share fault in a car accident. This can happen in a variety of different scenarios, and, as a car accident victim, it can have a variety of different implications for your legal rights. To understand why, we need to take a look at two key provisions of Arizona law:

“Several” Liability When Multiple Parties Are To Blame for a Car Accident Victim’s Injuries

Some states follow the law of “joint and several” liability. In these states, when multiple drivers are to blame for a car accident victim’s injuries, the victim can seek to recover full compensation from either driver, or the victim can seek to hold both drivers partially responsible. 

Unfortunately, Arkansas is not one of these states. Instead, Arkansas follows the law of “several” liability only. Under Section 16-55-201 of the Arkansas Code, “[e]ach defendant shall be liable only for the amount of damages allocated to that defendant in direct proportion to that defendant’s percentage of fault.” 

Essentially, this means that if multiple drivers are to blame for your injuries, you will need to file claims against both drivers in order to fully recover your losses. 

“Comparative Fault” When Victims Share Responsibility for What Happened 

Along with Arkansas’s “several” liability law, the state’s “comparative fault” law can also come into play in cases involving multiple at-fault drivers. Specifically, this law applies when a car accident victim is partially to blame for his or her own injuries. In this scenario, Arkansas’s comparative fault law determines how fault in a car accident is divided, leading to two potential outcomes under Section 16-64-122 of the Arkansas Code:

• Less Than 50% At Fault: If a car accident victim is less than 50% at fault for his or her injuries, then the victim is entitled to partial compensation based on his or her percentage of fault in the accident. 
• 50% or More At Fault: If a car accident victim is 50% or more at fault for his or her injuries, then the victim is not entitled to any compensation under Arkansas law. 

As you can see, both of these laws can have major implications for filing a claim after a car accident in Arkansas. If multiple drivers share responsibility for your car accident, you may need to file a claim with each driver’s insurance company in order to recover just compensation. If you share partial responsibility for your car accident, this could reduce—or potentially even eliminate—the damages you are entitled to recover. 

Determining Your Legal Rights Requires a Comprehensive Investigation 

With this in mind, if you have been injured in an Arkansas crash, it is important not to make assumptions about who bears fault in a car accident or what that means for your claim. You should not make assumptions about the claim (or claims) you can file, and you should not assume that you are partially to blame for the collision. 

Instead, you need to make informed and strategic decisions based on the specific circumstances at hand. 

This requires a thorough investigation of your car accident, and this means that it is important to hire an experienced car accident lawyer right away. After investigating your car accident, your lawyer will be able to determine what claim (or claims) you are eligible to file. Your lawyer can also determine if “comparative negligence” is an issue in your case; and, if it is, your lawyer can help you address this issue accordingly. 

Talk to a Car Accident Lawyer in Rogers, AR for FREE

Do you need to know more about seeking financial compensation for a car accident in which more than one driver was (or may have been) at fault? If so, we encourage you to contact us right away. 

For a FREE, no-obligation consultation with an experienced Arkansas commercial truck accident lawyer at Oliver Law Firm, call (479) 202-5200 or contact us online now.