In many Arkansas truck-accident cases, you can still recover compensation even if you were partly at fault. Arkansas follows modified comparative fault: your recovery is reduced by your percentage of fault, and you’re generally barred from recovery if you’re found 50% or more at fault.
If you want help evaluating fault (and preserving truck evidence), start here: Little Rock Truck Accident Attorneys or contact our office.
How Arkansas “comparative fault” works (in plain English)
Arkansas law compares your fault to the fault of the person (or parties) you’re seeking compensation from. If your fault is less than theirs, you can recover damages—but reduced by your fault percentage. If your fault is equal to or greater than theirs, you generally recover nothing.
The simple math
Potential recovery = (Total proven damages) × (1 − Your fault %)
Examples (easy numbers)
| Total proven damages | Your fault | Example recovery | Allowed? |
|---|---|---|---|
| $100,000 | 10% | $90,000 | Yes |
| $100,000 | 25% | $75,000 | Yes |
| $100,000 | 49% | $51,000 | Yes |
| $100,000 | 50% | $0 | No (barred) |
Why this matters in truck cases: insurers often try to push your fault to 50% because it can wipe out the claim.
Why “partial fault” comes up so often in truck accidents
Truck-crash investigations are rarely as simple as “one driver made one mistake.” Common allegations used to shift blame include:
- “You merged into a blind spot.”
- “You were following too closely.”
- “You were speeding (even slightly).”
- “You stopped suddenly.”
- “You were distracted.”
The good news: truck cases often have additional evidence that can clarify what really happened—if it’s preserved early.
Evidence that can reduce unfair blame
Depending on the crash, these items can be key to proving the truck driver/company’s share of fault:
- Electronic logs (ELD) & hours-of-service records (fatigue/violations)
- Onboard data (“black box”/ECM) (speed, braking, throttle)
- Dashcam/video (truck, nearby vehicles, surveillance)
- Maintenance/inspection records (brakes, tires, lights)
- Cargo/load documents (overweight/unsafe loading)
- 911 calls, witness statements, scene photos (roadway conditions, signals, visibility)
If an adjuster is already saying “you’re partly at fault,” it’s a sign you should be careful about statements and focus on preserving evidence.
Recent data snapshot: large-truck crashes in Arkansas (2024)
Federal crash statistics can help illustrate the scale of serious truck crashes. The table below uses FMCSA’s crash statistics summary for large trucks in Arkansas for calendar year 2024 (MCMIS snapshot dated 11/28/2025; data may be preliminary).
| Measure (Arkansas, large trucks) | 2024 count |
|---|---|
| Vehicles involved in fatal crashes | 88 |
| Vehicles involved in non-fatal crashes | 2,783 |
| Total vehicles involved (fatal + non-fatal) | 2,871 |
| Fatal crashes | 70 |
| Non-fatal crashes | 2,542 |
| Fatalities | 85 |
| Injuries | 1,144 |
Source: FMCSA Crash Statistics (MCMIS), 2024 Arkansas large-truck summary.
What to do if you think you might be partially at fault
- Get medical care and keep follow-up appointments (medical records matter).
- Write down what you remember while it’s fresh (time, lanes, signals, weather, traffic).
- Save proof (photos, dashcam files, tow records, repair estimates, receipts, wage loss notes).
- Be cautious with recorded statements—don’t guess, speculate, or “accept blame” casually.
- Talk to a truck-accident lawyer early so critical evidence can be requested and preserved.
Want to discuss your specific situation? Request a consultation.
Don’t ignore deadlines
Many Arkansas injury claims have a three-year statute of limitations, but exceptions can apply depending on the defendants and the facts. In truck cases, acting early also helps preserve evidence that can disappear quickly.
FAQ
Can I still get compensation if I was partially at fault?
Often, yes. Under Arkansas’s modified comparative fault rule, you can recover if your fault is less than the other side’s, but your compensation is reduced by your percentage of fault. If you’re 50% or more at fault, you may be barred from recovery.
How do insurance companies decide I’m “partly at fault”?
They look at statements, the crash report, photos/video, vehicle data, and witness accounts. In truck cases, the trucking company may also use logs and onboard data—another reason evidence preservation matters.
Should I accept a quick settlement if fault is disputed?
Be careful. When fault is disputed, early offers may undervalue medical needs, future care, and lost earning capacity. Consider speaking with counsel before agreeing to anything final.