Yes, you can still recover compensation in Arkansas even if you were hit outside a crosswalk. Arkansas follows a comparative fault system. That means your ability to recover does not disappear simply because you were not in a designated crosswalk at the time of the accident.
How Arkansas Comparative Fault Law Works
Arkansas uses a modified comparative fault rule under Arkansas Code § 16-64-122. Under this statute, you can recover damages as long as you are not more than 50% at fault for the accident. If you are found partially at fault, your compensation is reduced by your percentage of fault.
For example, if a jury finds you 20% at fault and your total damages are $100,000, you would recover $80,000. Your recovery is not eliminated — it is adjusted. Only when your fault exceeds 50% are you barred from recovering anything under Arkansas law.
What Role Does the Crosswalk Play in Fault Determination?
Being outside a crosswalk is a factor — not a verdict. Insurance adjusters and defense attorneys will raise it. But it does not automatically make you responsible for the accident.
Arkansas law still requires drivers to exercise reasonable care. Under Arkansas Code § 27-51-1401, drivers must use due care to avoid colliding with any pedestrian on the roadway. That duty exists whether or not the pedestrian is in a marked crosswalk.
Factors That Affect Fault Outside a Crosswalk
A jury or insurance adjuster will look at several factors when assigning fault:
- Whether the driver was speeding or distracted
- How visible the pedestrian was at the time of impact
- Whether the pedestrian crossed at a reasonable location
- Time of day and lighting conditions
- Whether the driver had time and distance to stop
- Traffic control signals or signage in the area
Even if you crossed mid-block, a driver traveling above the speed limit or looking at a phone may bear the majority of fault for the collision.
What Damages Can You Recover After a Pedestrian Accident?
If you prove the driver was at fault — or primarily at fault — you may be entitled to recover compensation for the following:
- Medical expenses, including emergency care, surgery, and rehabilitation
- Lost wages and diminished earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Property damage
In Arkansas, you generally have three years from the date of the accident to file a personal injury claim. Missing that deadline can eliminate your right to recover entirely.
How I Approach Pedestrian Accident Cases in Little Rock
I’ve handled Little Rock pedestrian accident cases in Pulaski County and across Arkansas where the insurance company’s first argument was that my client was outside the crosswalk. That argument does not end the case. It shifts the focus to what the driver did or failed to do.
My approach is to investigate the accident independently. That means obtaining police reports, reviewing any available surveillance or dashcam footage, consulting accident reconstruction experts when needed, and identifying all potentially liable parties. In some cases, a government entity may share liability if a poorly designed intersection or missing crosswalk contributed to the collision.
I do not let insurance companies use the crosswalk issue to undervalue a legitimate injury claim.
Common Misconceptions About Pedestrian Rights in Arkansas
“If I wasn’t in a crosswalk, I have no case.”
This is the most common misconception I hear. Pedestrians have legal rights on Arkansas roadways even outside marked crosswalks. The question is not where you were — it is whether the driver exercised reasonable care.
“The police report says I was at fault, so I can’t recover.”
Police reports reflect an officer’s initial observation at the scene. They are not binding legal determinations of fault. A thorough investigation can establish a very different picture than what appears in an initial report.
“My injuries aren’t serious enough to pursue a claim.”
Pedestrian accidents frequently produce injuries that appear manageable at first and worsen over time — soft tissue injuries, traumatic brain injuries, and orthopedic damage are common. I recommend getting a full medical evaluation before making any decisions about your claim.
About Paul Pfeifer
Paul Pfeifer is a personal injury attorney and founding partner of Pfeifer Law Firm, P.A., admitted to practice law in Arkansas. He earned his Juris Doctor from Case Western Reserve University School of Law and has spent his career representing injured Arkansans in Little Rock and throughout the state in personal injury matters, including pedestrian accident claims. He is licensed to practice in Arkansas state and federal courts, including the United States 8th Circuit Court of Appeals. Paul has been selected as a 2025 Super Lawyers honoree — an honor reserved for fewer than 5% of attorneys nationwide — and holds an AV Preeminent rating from Martindale-Hubbell, the highest peer-reviewed distinction available.
Case Results
For examples of results Paul Pfeifer has obtained for injured clients across Arkansas, visit the Pfeifer Law Firm case results page.
Past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.
Arkansas Resources for Pedestrian Accident Victims
- Arkansas Code — Pedestrian Rights and Duties: Arkansas Code § 27-51-1401 governs driver duties toward pedestrians on roadways throughout the state. Visit the Arkansas Legislature site or search the Arkansas Code at arkleg.state.ar.us.
- Arkansas State Police — Crash Reports: You can request an official crash report through the Arkansas State Police, which documents the responding officer’s findings from your accident. Access crash report information at dfa.arkansas.gov.
- Pulaski County Circuit Court: Personal injury lawsuits arising from pedestrian accidents in Little Rock are filed in Pulaski County Circuit Court. Visit pulaskiclerk.com for filing information and court resources.
Contact Pfeifer Law Firm for a Free Consultation
If you were struck by a vehicle in Little Rock or anywhere in Arkansas — inside or outside a crosswalk — contact Pfeifer Law Firm, P.A. for a free consultation. There is no fee unless we recover compensation for you. Visit the Paul Pfeifer attorney profile to learn more, or call our office directly to discuss your case.
The information provided in this blog is for general informational purposes only and reflects the opinions of the author. It is not legal advice and does not create an attorney-client relationship. Every case is different, and results depend on the specific facts and applicable law. You should not act or rely on any information in this blog without first seeking advice from a qualified attorney regarding your individual situation.