Can I Recover Compensation if the Accident Was Partially My Fault in Arkansas?

Q: Can I recover compensation if the accident was partially my fault in Arkansas?

Yes, under Arkansas Code Ann. § 16-64-122, Arkansas follows a modified comparative fault rule with a 50% bar. You can recover damages as long as your fault is 49% or less, though your payout will be reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover any compensation.

The Brad Hendricks Law Firm
10 minutes ago
1 min read

Yes, you can recover financial compensation as long as you are 49% or less at fault under Arkansas’s modified comparative fault statute (Ark. Code Ann. § 16-64-122). Your financial award is reduced in direct proportion to your assigned share of negligence; however, if you are found 50% or more at fault, you are legally barred from recovering any damages.

Under Ark. Code Ann. § 16-64-122:

0% to 49% at fault: If you incur $100,000 in damages and are deemed 20% responsible, your final net recovery is reduced by 20%, leaving you with $80,000.
50% or greater at fault: The 50% bar rule applies, and your financial recovery is zero.

Because insurance adjusters attempt to push a claimant's fault to 50% or higher to avoid payouts entirely, establishing liability through physical evidence, police reports, and witness statements is essential. Talking to a Car Accident Lawyer at The Brad Hendricks Law Firm is always a great move before you accept any settlement.