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If you sustained injuries in a car accident, you may expect the at-fault driver or their insurance company to pay for your losses. Unfortunately, the process could get more complicated when the other side argues you were partly responsible for the crash.
You may face allegations that you were speeding, following too closely, or exhibiting other behaviors that contributed to the crash. This is where understanding comparative negligence in Little Rock car accident claims becomes critical. At Mays, Byrd & O’Guinn, PLLC, our skilled car crash attorneys provide personalized guidance and pursue fair compensation. Contact our firm today to schedule your consultation and learn how we could support you.
Under Arkansas Code § 16-64-122, when your degree of fault in a collision is less than the degree of fault attributable to the party you are suing, the state may reduce your damages in proportion to your own fault. For example, in Little Rock, if your total damages in a car crash were $100,000 and you were 20 percent at fault, a comparative negligence claim could reduce your recoverable damages by 20 percent.
Also, under Ark. Code Ann. § 16-64-122(b)(2), if your fault is equal to or greater than that of the party you are suing, you may not recover those damages. The percentage of fault can have a major effect on your financial recovery options, so working with an accident lawyer who understands comparative negligence could help you overcome this obstacle.
The state does not limit comparative negligence to one particular type of driving mistake. Ark. Code Ann. § 16-64-122(c) broadly defines fault to include proximate cause of damages, including:
In a Little Rock car accident claim, the parties may dispute whether negligent conduct contributed to the collision and resulting losses. Multiple elements could affect how to evaluate responsibility in a car accident claim, such as:
An experienced attorney could investigate those facts rather than simply accept an insurance adjuster’s version of events.
After an auto accident in Little Rock, the insurance company may closely examine your actions because reducing your percentage of fault can affect the amount of the claim it may have to pay. The insurer may ask whether you were distracted, how fast you were traveling, or whether you took evasive action before impact.
The insurance company can take an innocent statement out of context during a fault dispute. You may also face medical treatment and experience financial pressure while the insurer is asking you to make decisions about your claim. Having an auto collision lawyer handle communications could help you avoid making unnecessary statements while the evidence is under evaluation.
A car accident may involve more than two responsible parties. For example, another driver, an employer, or another party may become involved depending on the circumstances of the collision. Ark. Code Ann. § 16-64-122(a) addresses comparisons involving the party or parties from whom the claimant seeks recovery.
Determining how to evaluate fault among multiple parties in a Little Rock car accident claim can be complicated. You may not know which parties have potential liability, what evidence exists, or how the competing allegations could affect your recovery. An injury attorney could investigate the circumstances and help determine which claims and legal theories may apply to your accident.
Comparative negligence in Little Rock car accident claims can quickly become complicated. Your recovery should not depend solely on an insurance company’s assessment of who was responsible for your crash.
An experienced attorney could evaluate the circumstances of your collision, address comparative negligence allegations, and pursue the maximum compensation available under the law. At Mays, Byrd & O’Guinn, PLLC, we advocate for your rights. Reach out to us today for your free consultation.