Arkansas Modified Comparative Fault: How Shared Blame Affects Your Claim

After an accident, the at-fault driver's insurer will often argue that you were partly to blame. In Arkansas, how much fault you bear directly affects — and can eliminate — your compensation. Understanding the rule is essential to protecting your claim.

The 50% Bar Rule

Arkansas follows modified comparative fault under Ark. Code § 16-64-122. You can recover compensation if you were partly at fault, but your award is reduced by your percentage of fault. Critically, if you are found 50% or more at fault, you recover nothing at all.

For example, if your damages total $100,000 and you are found 20% at fault, you recover $80,000. But if a jury puts you at 50% or higher, your recovery drops to zero. That 1% difference between 49% and 50% can mean everything.

How Insurers Use This Against You

Because fault is so consequential, insurance adjusters work hard to shift blame onto you. They may argue you were speeding, distracted, or could have avoided the crash. Every percentage point they pin on you saves them money — and pushing you past the 50% line saves them everything.

This is why early, independent evidence matters so much. Crash reconstruction, witness statements, traffic-camera footage, and vehicle data can establish the other party's fault before the insurer's narrative takes hold.

Protecting Yourself

Never admit fault at the scene or in a recorded statement, even casually. Let the evidence speak. An experienced attorney builds the strongest possible case that the other party — not you — bears the responsibility, maximizing what you can recover under Arkansas's rule.

This article is general information about Arkansas law, not legal advice for your specific situation. For advice about your claim, request a free case review.

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