Arkansas Accident Law

Arkansas auto accident settlement estimates need to be evaluated against other states.

Of the approximate 32 states that recognize the modified comparative fault standard, there are two competing schools of thought.

Arkansas is among the eleven (11) states follow the 50 percent bar rule, meaning a damaged party cannot recover if he is 50 percent or more at fault, but if he is 49 percent or less at fault, he can recover, although his recovery is reduced by his degree of fault.

Therefore Arkansas auto accident settlement estimates must account for the 50 percent rule when comparing jury awards.

The other states follow the 51 percent rule.  Arkansas has put forward this rule in A.C.A. § 16-64-122.

Comparative fault:

(a)  In all actions for damages for personal injuries or wrongful death or injury to property in which recovery is predicated upon fault, liability shall be determined by comparing the fault chargeable to a claiming party with the fault chargeable to the party or parties from whom the claiming party seeks to recover damages. 

(b)(1)  If the fault chargeable to a party claiming damages is of a lesser degree than the fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is entitled to recover the amount of his or her damages after they have been diminished in proportion to the degree of his or her own fault. 

(2)  If the fault chargeable to a party claiming damages is equal to or greater in degree than any fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is not entitled to recover such damages. 

(c)  The word "fault" as used in this section includes any act, omission, conduct, risk assumed, breach of warranty, or breach of any legal duty which is a proximate cause of any damages sustained by any party. 

(d)  In cases where the issue of comparative fault is submitted to the jury by an interrogatory, counsel for the parties shall be permitted to argue to the jury the effect of an answer to any interrogatory. 

Arkansas auto accident settlement estimates of bodily injuries are adjusted by the percentage of liability one party had in the accident.

The medical bills, pain and suffering, and even the property damage will be reduced by that percentage unless this party percentage of liability is equal or greater than 50%. In such case, all recovery will be barred.

Make sure you read the Arkansas Rules of the roads to determine if you are negligent in anyway.

Property Damage Notes:

Arkansas auto accident settlement estimates must also take into account its property damage laws.
The Arkansas Supreme Court’s decision in Ford Motor Credit Co. v. Herring, 267 Ark. 201, 589S.W.2d 584 (1979); McDaniel v. Linder, 66 Ark. App. 362, 990 S.W.2d 593 (Ark. App. 1999); and Minerva Enter., Inc. v. Howlett, 308 Ark. 291, 824 S.W.2d 377 (Ark. 1992). 

In MFA Ins. Co. v. Citizens Nat’l Bank of Hope, 545 S.W.2d 70 (Ark.1977), the issue was whether an automobile damaged by fire was repaired with parts of like kind and quality would restore the automobile to its former condition where the policy provided the limits of liability to the "cost to repair or replace the property or such part thereof with other of like kind and quality, less depreciation." 

The trial court allowed damages for loss in market value as the automobile would not have the same market value it had prior to the fire even with the repairs.

The Arkansas Supreme Court held that if repairs to a fire-damaged vehicle with parts of other like kind and quality would not restore the vehicle to its former market value, the proper measure of damages was the difference in market value before and after.

Arkansas auto accident settlement estimates in property damage seem to suggest that Diminished Value Claims in first party claims (against your own insurance would be allowed), however, the court has not mentioned much about property damage claims that are not fire related.

See below the Arkansas Law Chart.