Traffic accidents happen on the Natural State’s roads as they do everywhere else. Whether you call Arkansas home or find yourself cruising through, grasping the state’s car accident laws can prove vital if you end up in a collision.
Who Is at Fault in a Car Crash?
In Arkansas, if another person’s wrongdoing causes an accident that injures you, you can pursue claims or lawsuits against the at-fault driver. Their insurance company should pay for your accident-related losses up to the policy limits.
Fault and Responsibility in the Natural State
Arkansas employs a “modified comparative negligence” approach in vehicle accidents. If you were partially responsible for the accident that injured you, you can still pursue compensation from the other driver in some circumstances.
- Insurers, courts, or lawyers assign a percentage of fault to each party in the accident.
- If you were less than 50% at fault, you can pursue compensation.
- Any compensation you’re entitled to will be reduced in proportion to your share of fault.
- If you were 50% or more at fault, you cannot obtain any compensation.
For example, if your compensable losses are $80,000, and the court finds you to be 25% responsible, you can only recover $60,000. This system underscores the importance of building a strong case that minimizes your fault as much as possible.
Keeping Your Vehicle Insured
Arkansas law requires all drivers to carry minimum auto insurance. Current requirements include:
- $25,000 for individual bodily harm
- $50,000 for total bodily harm per incident
- $25,000 for property damage
These figures represent the bare minimum required by law. Many Arkansans opt for beefier coverage to shield themselves from severe accident fallout.
Extra Protection on the Road
While they are not mandatory in Arkansas, uninsured and underinsured motorist coverages offer a safety net. These policies kick in if a driver lacking insurance or carrying insufficient coverage causes a collision that harms you.
Time Matters: Legal Deadlines
Arkansas sets time limits on filing car accident lawsuits. An injured person has three years from the date of the accident to file a lawsuit against the at-fault party to pursue compensation. Filing suit after this deadline passes can result in the court dismissing your case without a hearing. You’ll lose your right to seek compensation through the courts.
Accident Reporting Rules
Arkansas law mandates accident reports under specific conditions. You must file with the Arkansas Department of Office of Finance and Administration if the crash leads to:
- Any fatality or injury
- Property damage exceeding $1,000
Submit this report within 30 days of the incident. Failing to report can trigger a license suspension.
Alcohol Vendor Accountability
Arkansas’ dram shop laws allow injury victims to hold alcohol sellers liable in specific scenarios. If an establishment serves alcohol to a visibly intoxicated person who then causes a crash, the business may share responsibility for the resulting harm.
Distracted Driving Restrictions
Arkansas prohibits all motorists from texting while driving. Additionally, drivers under 18 can’t use a cell phone while driving. Drivers between 18 and 21 can’t use handheld devices while driving. Violating these rules can lead to fines of up to $500 and potentially influence fault determination in an accident.
Buckling Up: The Law and Your Case
Arkansas requires all front-seat passengers to wear seatbelts. When a teen is driving, everyone in the vehicle must buckle up. Children under 15 must buckle up regardless of seating position.
Compensation Limits
Arkansas doesn’t cap most damage types in car accident cases. This means no upper limit exists on the compensation you can pursue for medical costs, lost wages, or pain and suffering.
Get Help from Our Hot Springs Car Accident Lawyers
Grasping these laws helps you protect your rights and handle the aftermath of an Arkansas car accident. However, these cases often involve intricate legal issues and negotiations with insurers. If you’ve been in a car crash in Arkansas, a skilled attorney can help you pursue fair compensation for your injuries and losses. Contact our Hot Springs office today.
We extend our personal injury legal services to help clients throughout Texas, including Dallas, &Fort Worth, as well as in Hot Springs, Arkansas. Committed to advocating for your rights and securing the compensation you deserve.