After a car accident, many people hesitate to contact a lawyer because they assume being partially at fault means they can’t recover compensation. In Arkansas, that assumption is often wrong.
If your crash happened in Little Rock, the law may still allow you to recover damages — even if you share some responsibility. The key is understanding how Arkansas’s comparative fault system works and how an experienced car accident lawyer can protect your claim.
The Short Answer: Yes, You May Still Recover Compensation
Arkansas follows a modified comparative fault rule. Under this system:
- You can recover compensation if you are less than 50% at fault
- Your compensation is reduced by your percentage of fault
- If you are 50% or more at fault, you cannot recover damages
This rule is one of the most misunderstood areas of personal injury law — and one insurance companies frequently exploit.
How Comparative Fault Works in Arkansas
Comparative fault assigns a percentage of responsibility to each party involved in a crash.
Example:
- Total damages: $100,000
- You are found 20% at fault
- Your recovery: $80,000
If fault shifts to 50% or more, recovery drops to zero. Even small increases in fault percentage can significantly impact your compensation.
Common Situations Where Partial Fault Is Alleged
Insurance companies often claim partial fault in situations such as:
- Rear-end collisions
- Left-turn accidents
- Lane-change crashes
- Intersection accidents
- Multi-vehicle collisions
In many cases, partial fault is asserted automatically — not proven.
Why Insurance Companies Push Partial Fault
Assigning partial fault allows insurers to:
- Reduce payouts
- Create leverage in settlement negotiations
- Delay or deny claims
Even casual statements can be used to inflate your share of responsibility.
How a Little Rock Car Accident Lawyer Protects Your Claim
A lawyer works to limit or eliminate comparative fault by building a strong liability case from the start, which may include:
- Reviewing police crash reports
- Collecting witness statements
- Analyzing vehicle damage
- Obtaining traffic or surveillance footage
- Working with accident reconstruction experts
What Evidence Matters Most in Partial Fault Cases
Key evidence often includes:
- Traffic signal timing and right-of-way rules
- Speed estimates and braking distances
- Cell phone records
- Road conditions and signage
- Vehicle event data recorders
What Types of Compensation Are Reduced by Fault?
Comparative fault reductions apply to all damages, including:
- Medical expenses
- Lost income
- Future earning capacity
- Pain and suffering
Why Experience Matters in Partial Fault Claims
Comparative fault cases require strategic evidence presentation, strong negotiation skills, and trial readiness. Reviewing case results can provide insight into how fault disputes are successfully handled.
You can also learn more by visiting the Pfeifer Law Firm website or their Little Rock car accident practice page.
Frequently Asked Questions About Partial Fault
What if the police report says I was at fault?
Police reports are influential but not final. Additional evidence can challenge fault conclusions.
Can fault change during negotiations or trial?
Yes. Fault percentages often shift as new evidence is introduced.
Should I talk to the insurance company if fault is unclear?
It’s usually best to speak with an attorney first.
Being partially at fault does not automatically disqualify you from compensation in Arkansas. Understanding how comparative fault works — and acting early — can protect your rights and financial recovery.