Denton & Zachary, PLLC

What is the Comparative Fault Rule in Conway, Arkansas Regarding Car Accidents?

If you have been injured in a car accident or you are worried about paying the damages to your car, you may be looking for a car accident attorney in Arkansas to help you get compensation. While the case may seem clear-cut to you, you got hurt or your property got damaged, there are some rules in place to determine how much compensation that you can earn. If you are found to be partially at fault for the accident, you may not receive the compensation that you think you do.  In many states, including Arkansas, the jury or the judge can use the comparative fault rule to determine how much compensation you can receive.

If you are deemed to have been at least partially at fault for the accident, it is going to reduce the amount that you would receive. So, if the jury decides that the damages equal $20,000, but they see that you are about thirty percent to blame, then you would see that reduction in the amount of compensation that you receive.

The amount of damage or injury you receive in the accident can determine the overall compensation, but it is not responsible for how much you are at fault. You can be injured in an accident and still be seen as someone who is at fault. This is why it is so important to get a car wreck attorney as soon as possible. They can help file your claim and ensure that the blame is placed as little on you as possible so you can earn the compensation that you deserve.

This helps to protect the person who caused the accident as well. They may have been doing something that was illegal, but if you were doing it as well, then they should not have to pay you the full amount for the accident. So, for example, if you didn’t stop at a stop sign all the way and went rolling through, you are partially to blame for the accident, even if the other party was speeding when they hit you.

Modified Comparative Fault

There are several different types of comparative fault, but the one that is used in Arkansas is the modified comparative fault. Your car accident attorney in Arkansas will be able to explain the fifty percent bar rule to you and what it can mean for your compensation.

The 50 percent Bar rule means that the party who is damaged are not able to recover any compensation if they are seen to be fifty percent or more at fault for the accident. They can be seen as 49 percent or less at fault and still recover, but then the recovery will be reduced by how much they were at fault.

So, if you take this to court and are seen to be fifty percent or more at fault for the accident,  you are not going to receive any compensation. However, if you and your car accident attorney in Arkansas are able to prove that you were no more than 49 percent at fault, then you can still receive some compensation.

The amount of compensation that you earn will depend on how much you are at fault. If you are seen to be 49 percent at fault, then you will only receive a bit over half the awarded compensation. You earn more the lower your percentage of being at fault ends up being.

Determining how much fault you have in the accident

It is important to work with your car accident attorney in Arkansas to determine how much fault can be placed on you. You want to keep that number as far away from fifty percent as possible, or the other party will not have to pay anything to you, regardless of the amount and severity of injuries that you receive.

Your car wreck attorney will be able to go over the basics of the case with you and determine what evidence can be used to show that you were not the one at fault. This is not a guarantee that you will not be seen as a little at fault (it is hard not to prove that one hundred percent), but your car wreck attorney will be able to help you build up your case as much as possible so that you can get the compensation that you need.

If you have been in a car accident and you are looking for a car accident attorney in Arkansas, contact us at Denton and Zachary Law firm today. We will take the time to talk about your case and provide you with the steps that we will take to get you the compensation that you need.