Pedestrians have virtually no protection when struck by a vehicle, and even a low-speed impact can cause life-altering injuries. Whether you were hit in a crosswalk, a parking lot, or along a roadway, Arkansas law gives injured pedestrians the right to seek compensation from the driver who caused the harm.
Injury Claim Team connects injured Arkansans with experienced pedestrian accident attorneys who handle these claims across all 75 counties — from Little Rock and Northwest Arkansas to the Delta and the Ouachitas. A free, confidential case review is the fastest way to understand your rights.
Common Causes of Pedestrian Accident Claims in Arkansas
- Drivers failing to yield in crosswalks
- Distracted driving near sidewalks and lots
- Speeding in residential and school zones
- Failure to see pedestrians at night
- Drivers turning without looking
- Backing up in parking lots without checking
Proving Fault and Building Your Claim
Pedestrian cases often turn on right-of-way and visibility. Even if a driver claims the pedestrian 'came out of nowhere,' evidence such as crosswalk markings, traffic signals, and witness statements frequently tells a different story. Documenting the scene quickly is essential.
Arkansas law: Arkansas follows a modified comparative-fault rule (Ark. Code § 16-64-122). You can still recover compensation if you were partly to blame, with your award reduced by your percentage of fault — but if you are found 50% or more at fault, you recover nothing. Insurers exploit this rule constantly, which is why building strong evidence of the other party's fault is critical.
Compensation You May Recover
Every claim is different, but injured Arkansans pursuing a pedestrian accident case may be able to recover:
- Past and future medical bills
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and mental anguish
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Property damage
The Arkansas Constitution (Article 5, § 32) bars caps on compensatory damages, so a serious, well-documented claim is not artificially limited. A 2025 change in state law (Act 28) does affect how medical expenses are valued, which makes experienced legal guidance even more important.
Deadlines: Don't Wait Too Long
In most Arkansas injury cases you have three years from the date of the accident to file a lawsuit under Ark. Code § 16-56-105. Miss that deadline and your claim is almost always barred. The sooner you act, the easier it is to preserve evidence, locate witnesses, and protect your claim. Even if you are unsure whether you have a case, a free review costs nothing.
Frequently Asked Questions
You may still recover under Arkansas's comparative-fault rule, with your award reduced by your share of fault — as long as you were less than 50% responsible.
Usually the at-fault driver's auto insurance. If they were uninsured, your own coverage may apply.
As soon as possible, so scene evidence and witness accounts can be preserved before they fade.
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