Comparative Negligence in Arkansas
According to comparative negligence law in Arkansas, you can be
compensated for damages from a car accident if you are found 49% or less at fault.
Written by Mary Cahill
Reviewed by Kathleen Flear
Arkansas is a modified comparative negligence state, which means that each party involved in a car accident will be assigned a percentage of fault. As long as you are found 49% or less at fault, you are entitled to compensation for damages.
Accidents happen fast and there are often differing opinions about who’s to blame. That’s where modified comparative negligence law comes into play. The purpose of this law is to assess blame and determine how much the involved parties can claim in damages.
Provisions of comparative negligence vary by state so it’s important to understand the legal process where you drive. Here,
car insurance
comparison and broker app Jerry
will cover everything you need to know about comparative negligence laws and finding cheap car insurance in Arkansas
. RECOMMENDED
Compare auto insurance policies
No spam or unwanted phone calls · No long forms
What is comparative negligence?
Also known as comparative fault, comparative negligence is a legal principle in which victims of a car accident can receive a certain percentage of compensation to cover the cost of damages or injuries sustained in the collision.
For instance, if you get into an accident and are assigned 30% of the blame, you are responsible for paying 30% of the resulting damages. The other driver will be responsible for the remaining 70%.
Comparative negligence relates to personal injury lawsuits and third-party insurance claims (like when one driver files a claim against the other driver’s insurance). If there is a lawsuit, the percentage of blame will be determined by a judge or jury.
As for insurance claims, it’s the insurance companies’ duty to use comparative negligence to assign each driver’s percentage of blame in the crash.
MORE: How to file a car accident claim report
Comparative negligence vs. contributory negligence
Each state uses one of three types of comparative negligence: pure comparative negligence, partial or modified comparative negligence, or contributory negligence. Let’s take a look at the differences.
- Pure comparative negligence: The injured party receives compensation for damages based on their percentage of fault.
- Partial or modified negligence: The injured party is permitted to receive compensation for damages so long as they are deemed as being no more than 49% at fault (depending on the state).
- Contributory negligence: The injured party is barred from receiving compensation if they are assigned any percentage of fault.
The majority of states employ partial or modified comparative negligence, with only 12 states recognizing pure comparative negligence and just 5 states recognizing contributory negligence.
What is Arkansas’ comparative negligence law?
Arkansas applies the modified comparative negligence law. As long as you’re responsible for less than half of the fault of an accident, you’re entitled to compensation for any sustained injuries in accordance with the percentage for which you are assigned.
What happens if there are more than two responsible parties?
Some collisions involve more than two vehicles, and when this is the case, you can file a claim with either or both drivers’ insurance companies. Awarded damages will be based on the fault each driver is assigned.
How is fault decided in a comparative negligence case?
Insurance companies use a combination of police reports and submitted evidence to determine fault in a car accident. If you’re involved in a collision, you’ll want to document the following evidence to strengthen your case:
- The make and models of the cars involved
- The date and time of day
- The weather conditions when the accident occurred
- Witness statements
- Photographs of the damage
- Depending on the severity, contact the police
MORE: How different types of car accidents affect your insurance rates
How does car insurance work with comparative negligence?
Arkansas’ modified comparative negligence law permits you to file a claim against another driver’s insurance company as long as your percentage of the blame falls at 49% or lower.
Take a look at the following scenario. You pull over on the left side of the highway to stop and check directions. While you're stopped, your car is sideswiped by another vehicle. Immediately after the accident, you file a claim with the other driver’s insurance company.
Upon reviewing the insurance claim, it’s determined that the other driver struck your vehicle because he was texting while driving. Since the other driver was deemed guilty of distracted driving, the insurance company places 60% of the blame on him. You are given 40% of the blame for the accident because you violated a traffic law by pulling over on the left side of the highway.
With the modified comparative negligence standard applied, you can collect 60% of your damages from the other driver’s insurance. If the cost to repair your car was $900, the other driver’s insurance company covers up to $540 and you’re responsible for the rest. Due to the other driver being 60% at fault for the accident, comparative negligence law prohibits him from filing a claim with your insurance company.
MORE: The five main reasons a car accident insurance claim is denied
How to find affordable car insurance
Nobody wants to be involved in a car accident but if you find yourself in this situation, you’ll want to feel confident that you have the best insurance coverage. With
car insurance
comparison and broker app Jerry
, you can rest assured that you’re protected. Once you download the app, Jerry will handle the whole insurance shopping process—you won’t have to fill out boring forms or wait on hold with insurance companies! Plus, after you’ve switched policies Jerry shops regularly to make sure you’re always saving as much money as possible.
On average, people who use Jerry save an average of $887 a year!
“Jerrymakes choosing new insurance as easy as grocery shopping. Even though I had a car accident within the past 2 years, Jerry found me a great deal with Nationwide–I went from paying $340 to $90 a month!”—Pan N.
Let Jerry find your price in only 45 seconds
No spam · No long forms · No fees
Should I file a personal injury lawsuit instead of filing an insurance claim?
Generally speaking, an insurance claim is filed prior to filing a lawsuit. Because a lawsuit can be filed at any time, you’ll want to settle your insurance claim first. If an agreement cannot be reached between the involved parties, you can consider filing a lawsuit and taking the matter to court.
Are you overpaying for car insurance?
Compare quotes and find out in 45 seconds.
4.7You might also be interested
