Don’t let the person who’s mostly responsible for your injuries convince you that you cannot sue if you also made a mistake that contributed to the accident. You can most likely file a lawsuit, provided you are less at fault than the other party involved, whom you will seek compensation from.
Arkansas is a comparative fault state, meaning victims can sue when they are less at fault than the other party. Being 50% or more at fault blocks plaintiffs from filing lawsuits. You can still sue for economic and non-economic damages if you are partially at fault, though your recovery will be lowered according to your percent of liability, which our lawyers can work hard to ensure is appropriate.
Get a free and confidential case analysis from our Arkansas personal injury lawyers by calling (479) 316-0438 today.
Can You Sue in Arkansas if You Are Partially at Fault?
You may still be able to file a lawsuit and get some compensation if you are partially at fault for an accident in Arkansas. The state’s modified comparative fault statute lets plaintiffs sue as long as they are less than 50% at fault for their injuries.
Even if you slightly contributed to the accident and your injuries, you may sue the other party who bears more responsibility. We can investigate and attribute the appropriate percentage of liability to the defendant based on their conduct.
Personal injury lawsuits must be filed within two years. Being partially at fault might complicate your case, so do not waste any time after an accident delaying your compensation claim.
What Damages Can You Sue for if You Are Partially at Fault for an Accident?
Although we can request compensation for all the damages you have incurred, comparative negligence may reduce your recovery if applied.
Economic Damages
Partially at-fault victims can recover a portion of their economic damages, maybe even most of them. Compensation is lowered proportionally to fault. So, if the jury decides you are only 10% liable for your injuries, you should recover 90% of all medical bills, lost wages, property damage costs, and other miscellaneous economic expenses.
Non-Economic Damages
The same applies to non-economic damages, which are also lowered proportionally to the plaintiff’s percentage of liability. Victims often undervalue their non-economic damages or think they are fully unrecoverable if they are partially at fault, which is not the case in Arkansas. You still deserve compensation for your pain and suffering, which our lawyers can calculate on your behalf.
What Are Examples of Comparative Negligence?
Comparative negligence refers to the plaintiff’s involvement in an accident. The jury will weigh the plaintiff’s conduct as well as the defendant’s, and the following acts could be viewed as comparative negligence in a personal injury claim, lowering the plaintiff’s compensation:
- Driving with broken brake lights
- Jaywalking as a pedestrian
- Speeding
- Failure to read product safety warnings
While the “proximate cause,” meaning the main reason, for the accident was the defendant’s negligent conduct, the plaintiff’s conduct might have contributed to the incident or the severity of their injuries by making a small mistake of their own.
You may not be partially at fault for an accident, even if another party claims you are. Don’t take what a negligent party says at face value, and let us determine whether or not comparative negligence might be an issue in your case.
What Evidence Should You Get if You Are Partially at Fault in Arkansas?
If you are partially at fault for an accident, evidence like eyewitness statements, photos, expert testimony, and videos can mitigate the effects of comparative fault.
Eyewitness Statements
If you are somewhat to blame for an accident, we can use eyewitness testimony to prove your contribution was minimal at most. Give us the names and phone numbers of anyone you spoke to directly at the scene who also saw what happened. When they testify, eyewitnesses can confirm that the defendant played a much bigger part in causing the accident than you did, ensuring your damages aren’t reduced too much.
Photos
We can also use photos to prove that your negligence is not equal to or outweighs the other party’s. Pictures enable our Fort Smith, AR personal injury lawyers to reconstruct accidents and provide the jury with a clear chain of events. Use your phone to take pictures and save all photos you take until you give copies to our lawyers.
Expert Testimony
The right experts can testify in your case to explain how and why the defendant bears significantly more liability for the accident than you do. Especially after motor vehicle collisions, accident reconstruction and expert testimony can convince the jury that you should still get some compensation, even though you might share some fault.
Videos
Our experienced attorneys may obtain footage from dashboard and security cameras, as well as from eyewitnesses’ personal devices. We can review footage to determine whether it depicts both parties’ conduct and whether it can be used as evidence to show the defendant is mostly to blame.
What Should You Do at the Scene if You Are Partially at Fault for an Accident?
If you’re concerned that you somewhat contributed to the accident, you should still call the police to document the collision, as being partially to blame shouldn’t stop you from getting some compensation.
Call the Police
Call 911 after an accident that ends in injury, death, or considerable property damage in Arkansas. Don’t listen to the other driver who is more at fault if they ask you to leave law enforcement out of it, as we may need the police report later on for your compensation claim.
When a victim’s injuries are very severe and they can’t dial 911 themselves, they can ask witnesses to call the police.
Collect Information
If you’re hurt in a car crash, collect the other driver’s information. Arkansas is an “at-fault” state for motor vehicle accidents, meaning victims file claims with the negligent driver’s insurance provider after the accident. We need the other driver’s insurance and personal information to proceed with your case, so don’t leave before getting these details.
Take Pictures
Taking pictures is one of the only ways victims can preserve physical evidence for personal injury lawsuits, which is even more important when the plaintiff’s involvement is called into question.
Don’t Accept Fault
It’s normal to want to apologize for your involvement in an accident, no matter how slight it was. Avoid doing this, as admitting fault could complicate your recovery. While you should be honest with the police, don’t accept the majority of the blame for an accident that was mostly due to someone else’s negligence.
Accept Medical Care
Don’t downplay your injuries because you feel guilty for your possible slight involvement in an accident, and get medical attention. If paramedics arrive with law enforcement officers, accept the treatment they offer and listen to them if they tell you to go to the hospital. Delaying medical care can have consequences, so don’t take that risk.
How to Handle Settlement Negotiations if You Are Partially at Fault in Arkansas
Settlement negotiations when the plaintiff is partially at fault are even more complicated, and having an experienced attorney in your corner is very helpful.
Defer to Our Lawyers
Let us represent you during settlement negotiations, and, if it gets to that point, a trial, and handle communications with the opposing side. We can speak on your behalf so that you don’t unintentionally misspeak and accept more blame for the accident than you should, jeopardizing your recovery.
Confirm Your Involvement
Before settlement negotiations begin, our Arkansas personal injury lawyers will confirm your involvement in the accident. We reassure you that, even if you contributed, you are well within the realm of comparative negligence to file a lawsuit and recover substantial compensation. Be honest with us about what happened so we can best prepare for settlement negotiations.
Leverage Evidence
We can use our strongest evidence of the defendant’s liability as leverage in settlement negotiations. Even if your case doesn’t go to court, eyewitness statements, photos, videos, medical records, and other evidence are crucial to recover enough damages and convince the defendant to increase their offers.
Send Counteroffers
You do not have to accept the first settlement offer if you are partially at fault for an accident in Arkansas. With the first offer, the defendant might attribute far too much liability to you, hoping you will accept a small amount to avoid a trial and get some compensation.
We can draft and send counteroffers on your behalf, explaining why the defendant should cover far more damages, as their negligence primarily caused your injuries.
Consider Court
A jury might ultimately attribute less fault to you than the defendant was arguing during settlement negotiations. Even if you are partially liable, you may recover nearly all the damages you have suffered if you go to court and get a jury award.
FAQs About Suing for an Accident if You Are Partially at Fault
Do You Need a Lawyer to Sue if You Are Partially at Fault?
Suing without a lawyer when you are partially at fault is very challenging, and the defendant might convince you that you bear more liability than you actually do, persuading you to accept a subpar out-of-court settlement.
What if You Unintentionally Accept Fault for an Accident?
If you unintentionally accept fault for an accident at the scene and apologize to the other party involved, tell our lawyers right away. We may get evidence that directly refutes your liability, such as video footage and eyewitness testimony.
Should You Settle a Lawsuit if You Are Partially at Fault?
While most personal injury lawsuits settle, and settling is more common when plaintiffs share fault, you do not have to settle your case, nor should you, if our lawyers believe you can recover more from a jury award even when comparative negligence is taken into account.
How Much Compensation Will You Get if You Are Partially at Fault?
If you are partially at fault for an accident in Arkansas, your compensation may be reduced proportionally to whatever percentage of fault the jury attributes to you. When the plaintiff’s involvement is very minimal, they may end up recovering close to all the damages they incurred.
Does Being Partially at Fault Affect the Statute of Limitations?
Being partially at fault does not affect the three-year statute of limitations for personal injury lawsuits in Arkansas. Still, it can complicate your case, so you shouldn’t wait to begin your lawsuit if you share liability.
How Does the Jury Weigh Comparative Negligence During a Trial?
The jury considers the liability of all parties involved in a personal injury case during a trial. The jury will determine your total damages, assign a percentage of fault, and then reduce the award accordingly.
What if You Are 50% or More at Fault in Arkansas?
If you are 50% or more at fault for an accident in Arkansas, you are barred from recovering any compensation from the other party involved. Don’t assume you are 50% or more at fault before discussing the accident with our lawyers, as you might be less liable than you initially thought.
Call Our Arkansas Injury Attorneys for Help Today
Get a free case assessment from our Bella Vista, AR personal injury lawyers when you call (479) 316-0438 today.