Arkansas Car Accident Lawyer

How much can a fault percentage change an Arkansas crash claim?

Everything, if it reaches 50%. Arkansas reduces your recovery by your share of fault and bars recovery entirely if your fault equals or exceeds the combined fault of the parties you sue.

That makes the gap between 49% and 50% the most valuable percentage point in an Arkansas car case. Insurers know it and often argue for an even split, especially in crashes where both drivers were moving.

A worked example: two drivers collide in a Conway intersection after one rolls through a stop sign and the other is speeding on the cross street. Damages for the injured driver total $140,000. If the jury finds the injured driver 40% at fault, the recovery is $84,000. If the jury finds the injured driver 50% at fault, the recovery is zero. The evidence that moves a jury ten points, such as vehicle data, camera footage and witness timing, is often worth more than anything else in the file.

What does PIP do after an Arkansas crash?

Personal injury protection pays some of your medical bills and part of your lost income regardless of fault. Arkansas insurers must offer it, and it stays on the policy unless you rejected it in writing.

PIP can be a lifeline in the first months. It pays without waiting for the at-fault driver's insurer to accept responsibility. It does not cover pain and suffering, and its limits are modest, so it rarely covers a serious injury on its own. You can still pursue the at-fault driver for losses PIP does not pay. Your insurer may seek repayment from a later settlement for what it paid, which is one reason the order of claims matters.

Which Arkansas roads and conditions produce the most disputed crashes?

Rural highways, interstate traffic and fast-growing suburbs generate most of the claims we see. Each setting brings different fault arguments.

• Two-lane highways across the Delta and the Ozarks, where passing, farm equipment and sharp curves are common factors.
• I-40 and I-30 through Little Rock, where heavy freight traffic mixes with commuters.
• I-49 and US-412 in Northwest Arkansas, where traffic has grown quickly around Bentonville, Rogers, Springdale and Fayetteville.
• Deer collisions, especially at dawn and dusk in the fall, which can lead to swerving crashes involving other vehicles.
• Winter ice storms, which can make bridges and overpasses dangerous before roads look icy.

When a tractor-trailer was involved, our Arkansas truck accident page explains the extra evidence and parties involved.

Who else can pay besides the driver who hit you?

Several sources may apply, and Arkansas generally makes each at-fault party pay only its own share. That makes it important to identify every responsible person and every policy.

1. The at-fault driver's liability insurance.
2. A second driver whose conduct contributed to the crash.
3. An employer, if the driver was working at the time.
4. A rideshare policy, depending on the driver's app status; see our rideshare and taxi page.
5. Your uninsured and underinsured motorist coverage, when the other driver's limits are low or there is no insurance.
6. PIP and medical payments coverage on your own policy.

What if a government vehicle caused the crash?

The rules change. Arkansas cities, counties and school districts are generally immune from negligence suits except to the extent of their liability insurance, which often includes motor vehicle coverage. Claims against the state itself usually go through the State Claims Commission. A school bus, city truck or county vehicle can therefore lead to a claim limited by the available insurance.

What should you do in the days after an Arkansas car crash?

Focus on treatment and on evidence that pins down fault before it fades.

Get medical care and follow up. Request the crash report. Photograph the vehicles, intersection and road surface. Get witness names. Notify your own insurer and ask about PIP, medical payments and uninsured motorist coverage. Avoid recorded statements to the other driver's insurer, because a casual comment can push your share of fault toward 50%.

Most Arkansas car crash claims must be filed within 3 years, which is longer than in most neighboring states, but evidence disappears much faster. Pedestrians struck by vehicles face the same fault rule; see our pedestrian accident page. For an overview of Arkansas law, visit our Arkansas injury guide. We offer a free case review, and you pay no fee unless we win.