The first question a victim often has after an accident is who is at fault. If you were partially at fault, you might be afraid you will be fully responsible for your losses.
In Arkansas, injury victims are not barred from filing a lawsuit just because they partially contributed to their accident. However, you could still lose out on compensation if the defendant can prove your negligence was more than their own. Fortunately, our team can help you prove liability in your case. We will gather evidence so that as many details of the accident can be learned as possible. Accident reports, medical records, and witness testimony can all help tip the scales in your favor. If our team cannot settle on a fair degree of fault with the insurance company, we will be prepared to convince a court.
For a free case review with our Arkansas personal injury lawyers, contact us by calling (479) 316-0438.
Can I File a Lawsuit if I Am Partially at Fault for My Injuries in Arkansas?
One of the most important questions injury victims have is whether they can sue someone for an accident if they partially caused it. Fortunately, you can still file a lawsuit and recover compensation in Arkansas even if you contributed to your accident. As long as the defendant’s negligence was more than yours, you should be awarded something. However, you will not be able to recover the full amount of damages you would have been entitled to had you not been somewhat negligent.
Our Arkansas personal injury attorneys can show you how this rule can impact your case. Our team will start gathering evidence immediately, which is the best way to fight negligence claims against you. Until then, the following will help you understand how negligence is assessed in Arkansas injury claims:
Arkansas’s Comparative Negligence Rule
Still, this is a much better alternative to the other negligence rules employed by different states. In jurisdictions that use “pure” contributory negligence standards, injury victims cannot recover compensation if they caused their accident in any way. If there is evidence that shows the victim is even 1% at fault for the accident, the court will have no choice but to deny them compensation. This rule gives defendants a significant advantage. Fortunately, a majority of states have done away with it.
Arkansas instead uses a “modified comparative” negligence rule. According to Ark. Code § 16-64-122(a), liability in an injury case is determined by comparing the fault between the parties involved in the lawsuit. If it is determined that your degree of fault is less than the defendant’s, § 16-64-122(b)(1) allows you to recover compensation after it has been lessened by the amount of fault you were found to have contributed. If your percentage of fault was equal to or greater than the defendant’s negligence, you will not be entitled to recover damages under § 16-64-122(b)(2). This rule is commonly known in the law as the “50% bar” rule.
For example, suppose a court awarded you $100,000 for your injuries. After comparing fault and the attorneys’ arguments, they concluded that you were 40% at fault and the defendant 60%. While high, it is still less than the defendant’s fault, allowing you to recover a net $60,000 in compensation minus your percentage of damages. Alternatively, if the court found that you were 50% or 51% at fault, you will be responsible for all of your damages.
How Fault is Decided in a Case
Fault is usually argued throughout an injury case, so who decides on it depends on where your claim is in the process. Most lawsuits settle before trial, so the issue of fault in the majority of cases will be decided by our Rogers, AR personal injury lawyers, the insurance company, and its counsel. This makes evidence crucial.
Sometimes, the insurance company will offer little fight because the evidence showing fault is overwhelming. Several witnesses might have seen your accident, or the police arrested a negligent driver after a crash. In other cases, an insurance company will fight negligence claims all the way to the jury despite evidence of the defendant’s negligence. In some cases, the insurance company might have been willing to settle, but you disagree with their assessment of your negligence. Each case is different, so we will not know if fault can be decided during negotiations until we settle.
If we cannot get the other side to agree with our assessment of fault, we will need the court to decide. Your case could be argued in front of only a judge, also known as a “bench” trial, or we could argue your case in a traditional jury trial. Which type of trial will work best for you will depend on the circumstances of your accident.
The court will be specifically concerned with how the accident actually occurred. If it was a car accident, what caused the crash? If it was a slip and fall, were you distracted when you fell? By determining the specifics of the case, the court can determine what each party was doing and whether it contributed. Thus, the issue of negligence can turn on the smallest details.
How Our Attorneys Can Argue Against Claims You Partially Caused Your Injuries in Arkansas
As mentioned, you need evidence to combat claims that you, too, were at fault for your injuries. Some evidence will be in the form of records. Other evidence can be provided by witness testimony and your own statements. Our team will know what to look for after reviewing your case.
Gather evidence
Our lawyers will gather as much evidence as we can, even if the fault is clear in your case. One of the best ways to prove fault is to take photos of the area where you were injured, as well as your injuries. Photos taken at a previous time that are relevant to your claim are a completely valid form of evidence. In fact, it is often the only way to preserve evidence that will be cleaned from the scene after you leave to get medical care.
For example, if you were injured in a store by an uncleaned spill in a slip and fall accident, the store might claim that no spill existed. If you have pictures clearly showing the liquid and the results of your slipping in it, it will effectively neutralize the defendant’s claims that you acted negligently.
Speak to Witnesses
Witness testimony often proves crucial to determining fault, especially in injury lawsuits that have little other evidence than the word of the parties involved. Our team can contact them on your behalf. An unbiased witness can help convince the court that you were not at fault or that your negligence was minimal.
Our Arkansas Personal Injury Attorneys Can Help Your Case Today
Call us at (479) 316-0438 to speak with our Russellville, AR personal injury attorneys and receive your free case evaluation.