Can I File a Claim for a Little Rock Accident if I’m Partially to Blame?

When an individual is injured in an accident that is not their fault, the other party is usually liable for all damages. However, if you were involved in an accident and believe that you are partially at fault, this might slightly change things.

It is important for you to know that you can still file a claim and potentially receive compensation, depending on how much fault you had in the car accident. If it is determined that you are 50% or more responsible for the accident, you may be ineligible to receive compensation.

What is the modified comparative negligence rule in Little Rock?

Arkansas has a modified comparative negligence rule that allows accident victims to file a claim even if they share fault in an accident. However, depending on how much fault you had in the accident, the compensation you recover will be reduced by that percentage. Therefore, if you are 25% at fault for a motorcycle accident, you can still file a claim but the compensation you receive will be reduced by 25%.

If you are 50% or more at fault for the accident, however, you can be barred from collecting compensation. The reason for this is because you cannot share an equal or greater fault than the other party. This is one important reason to consider working with a Little Rock personal injury attorney. We work to prove you were not the primary at-fault party, and thus eligible to collect compensation.

What types of accidents does the modified comparative negligence rule apply to?

The modified comparative negligence rule applies to almost all types of accidents. Therefore, when filing a claim, you will need to take this rule into consideration and make sure that you are not 50% or more at fault for the accident. Here are a few different accidents to which the modified comparative negligence rule applies:

• Motorcycle accidents
• Car accidents
• Truck accidents
• Bicycle accidents
• Pedestrian accidents
• Slip and fall accidents

Our Little Rock accident attorneys work to show that you had minimal, if any, responsibility for your accident.

What if I was not wearing a seat belt or helmet during the accident?

According to Arkansas Code 27-37-703 (a) (1), the opposing side is not allowed to provide any evidence of you not wearing a seat belt during the accident to support their arguments. Therefore, if you were not wearing a seat belt at the time of the crash, you may still be eligible to recover damages, as long as you were not 50% or more at fault.

Note: failing to wear a helmet could lead to serious injuries like traumatic brain injury, skull fracture, facial disfigurement, and more. In addition, if you are under the age of 21, you are legally required to wear a helmet in Arkansas when riding a motorcycle.

What if I was falling asleep at the time of the accident?

Driving while drowsy is considered negligent behavior in Arkansas. Therefore, if the insurance company or jury finds that the accident occurred due to your drowsy driving, you could be barred from collecting compensation.

However, do not assume that this is always the case. Depending on the circumstances, there could be other liable parties.

What if I was having a medical emergency when the accident occurred?

When you have a medical emergency that causes an accident, it will most likely be seen as out of your control. Some of the most common medical emergencies that happen behind the wheel are seizures, heart attacks, strokes, fainting, and diabetic emergencies. Blacking out – often mistaken for falling asleep – can also be a medical emergency. These types of cases are often complicated as the other party must still recover their losses from the accident.

You need an experienced Little Rock personal injury lawyer who can guide you through the legal process and ensure that the appropriate parties are held liable for the accident. While the other party may not be at fault for the accident, your attorney may be able to find other parties who can be found liable, such as your doctor, caregiver, nurse, or even the hospital that released you or failed to give you proper warnings or information about driving with your medical condition.

Have you suffered injuries in a car accident in Little Rock? If so, the car accident attorneys at Bailey & Greer are ready and available to legally assist you. Our team knows and understands that everyone’s situation and circumstances are different, which is why we will do everything we can to ensure that you get the personalized help you need with your case. Whether you are partially at fault or not at fault at all, we are more than glad to help you. Please call our office or submit our contact form to schedule your free and confidential case evaluation at one of our firm locations in Little Rock, Memphis, or Jackson today.