Understanding Arkansas Car Accident Compensation Laws

1. Arkansas Is an At-Fault State

Arkansas operates under an at-fault system for car accident liability, meaning that the driver responsible for causing the accident is also responsible for covering the damages. After a car accident in Arkansas, you can pursue compensation in one of three ways:

• File a claim with your own insurance company (who may then seek compensation from the at-fault driver’s insurer).
• File a claim directly with the at-fault driver’s insurance company.
• File a personal injury lawsuit against the at-fault driver if insurance compensation is insufficient.

This at-fault approach makes it essential to establish clear evidence of who caused the accident, as liability will directly impact compensation.

2. Comparative Fault Rules in Arkansas

Arkansas follows a modified comparative fault rule when determining compensation, meaning that you may still recover damages even if you were partially at fault. However, under Arkansas law:

• If you are 50% or more at fault for the accident, you cannot recover compensation.
• If you are less than 50% at fault, your compensation will be reduced by your percentage of fault. For example, if you were found 20% responsible, your total compensation would be reduced by 20%.

This rule incentivizes all parties to prove their level of responsibility accurately, as any percentage of fault impacts the final compensation amount.

3. Types of Compensation Available

After a car accident in Arkansas, you may be eligible for several types of compensation, including:

a. Medical Expenses

You can seek compensation for medical bills related to the accident, such as emergency room visits, surgeries, medications, physical therapy, and any necessary long-term care.

b. Lost Wages

If your injuries prevent you from working, you may be eligible to recover compensation for lost wages. If your injuries affect your ability to work in the future, you may also be entitled to compensation for loss of future earning capacity.

c. Property Damage

If your vehicle or other personal property was damaged in the accident, you can seek compensation for repair or replacement costs.

d. Pain and Suffering

In addition to economic damages, Arkansas law allows for non-economic damages such as pain and suffering, which compensate for the physical pain, emotional distress, and loss of enjoyment of life resulting from the accident.

4. Statute of Limitations for Car Accident Claims in Arkansas

Arkansas law imposes a statute of limitations on car accident claims, which is the deadline by which you must file a lawsuit. In Arkansas:

• You have three years from the date of the accident to file a personal injury claim.
• For property damage claims, you also have three years from the date of the accident.

Failing to file within this timeframe may result in losing your right to pursue compensation, making it crucial to act promptly if you plan to file a lawsuit.

5. Insurance Requirements in Arkansas

Arkansas drivers are required to carry minimum amounts of liability insurance to cover damages if they are at fault in an accident. The minimum liability insurance requirements in Arkansas are:

• $25,000 for bodily injury per person.
• $50,000 for bodily injury per accident.
• $25,000 for property damage per accident.

While these are the minimum requirements, purchasing additional coverage, such as uninsured/underinsured motorist coverage, can provide further protection if the other driver lacks sufficient insurance.

6. Steps to Take After a Car Accident in Arkansas

Taking the right steps after an accident can protect your rights and improve your chances of securing fair compensation. Here are essential steps to follow:

• Call the police to report the accident and obtain an official accident report.
• Seek medical attention for any injuries, even if they seem minor at the time.
• Gather evidence by taking photos, getting witness contact information, and documenting the accident scene.
• Notify your insurance company as soon as possible.
• Consult with a personal injury lawyer to help you navigate Arkansas’s compensation laws and negotiate with insurance companies.

7. Working with a Personal Injury Lawyer

Navigating Arkansas’s car accident compensation laws can be complex, especially when dealing with modified comparative fault rules and potential disputes with insurance adjusters. A personal injury lawyer can help you:

• Gather evidence to support your case.
• Negotiate with insurance companies for a fair settlement.
• Represent you in court if necessary.

An experienced attorney can maximize your chances of securing the full compensation you deserve under Arkansas law.

Conclusion

Understanding Arkansas car accident compensation laws can make a significant difference in how you approach your claim and the compensation you receive. By knowing the rules for fault and damages, the types of compensation available, and the steps to take after an accident, you’ll be better equipped to navigate the claims process. If you have questions about your rights or how to pursue compensation, consulting with a personal injury lawyer in Arkansas can provide valuable guidance and support.