Can I Sue for Damages If I Am Partially Responsible for a Car Crash?

By Bailey & Greer, PLLC | April 6, 2020

In some car accidents, both drivers may be partially at fault. For example, one driver may run through a red light crashing into a car that was speeding. Partial fault doesn’t just apply to drivers. A pedestrian may cross a street without looking at the do-not-cross light and be struck by an intoxicated driver. This pedestrian could be partially at fault.

When only one person is at fault, such as is generally the case in rear-end collisions, then the at-fault driver is required to pay for your injuries. If you are partially at fault, then the issue of your right to collect damages is more complicated.

Arkansas’ comparative negligence law

Arkansas has a doctrine known as comparative negligence. The doctrine is part of state law. § 16-64-122 provides that in cases where fault determines whether an accident victim can claim personal injury or wrongful death damages, the following rules apply:

First, the jury will determine the percentage/degree of fault of each party.

If a plaintiff is partially at fault but less at fault (under 50%) than the defendant, then the plaintiff is entitled to receive damages from the defendant. There’s a catch though. The amount of the damage award is reduced by the percentage/proportion of fault that is assessed.

For example, a jury may decide that you are 20% at fault and that the defendant is 80% at fault. If your damage claim (pain and suffering, medical bills, lost income, and property damage) is worth $100,000 then your damage award is reduced by 20%. This means you will be awarded $80,000 instead of $100,000.

If the jury finds that you were equally or more at fault than the defendant, then you get nothing – no matter the size of the damage award.

The statute defines fault as “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.”

When both sides to a car accident are partially at fault, an experienced Little Rock car accident lawyer will work aggressively to try to settle your case. The insurance adjuster often doesn’t want to risk that his/her client will be found to have been more negligent than you.

At Bailey & Greer, PLLC, our Little Rock car accident lawyers have obtained numerous strong settlements and verdicts. In many cases, we’re able to show that the defendant is entirely to blame for the accident. In cases where an accident victim may be partially at fault, we work aggressively with investigators, witnesses, and the discovery process to show that your fault was minimal compared to that of the driver that hit you. For advice on any car accident claim in Little Rock or throughout Arkansas, call us at 501.213.1512 or fill out our contact form to schedule an appointment.

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Posted in Car Accident