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Will You Still Recover Damages in Arkansas if You Were Partially at Fault for Your Car Accident?

If you’ve ever been in a car accident, you know one thing is true. Nobody ever stands up and insists that the accident was their fault. Why would you do this? All this can do is hurt your chances to recover damages in Arkansas against the other driver. If the other driver caused the accident, they should be held liable for your injuries. You shouldn’t be left holding the bag if the accident wasn’t your fault.

This is why you need to call the cops after your crash. They’ll come out and do a thorough investigation of the accident scene. They’ll do their best to figure out what happened and who was at fault. They’ll prepare a police report that your car accident lawyer in Rogers, Arkansas can use to prove your case. This way, they can get you the compensation that you deserve.

One of the first questions car accident victims ask their lawyer is, what do they do if they were partially at fault? Very rarely is one driver 100% responsible for a crash. Even if you were parked at the time of the crash, there’s a chance that you could’ve avoided the accident somehow. The good news is, even if you’re partially at fault for your accident, you can still recover damages in Arkansas. Your car accident lawyer knows the law in Arkansas and they’ll do their best to negotiate the best settlement possible on your behalf.

Your Rogers Car Accident Lawyer Knows That Arkansas is a Comparative Negligence State

Every state falls into one of two camps when it comes to being partially at fault in a car accident. There are states that follow the comparative negligence rule. And, there are states that follow something called contributory negligence. There is a huge difference between the two and it’s important that you understand this. It can be the difference between receiving nothing and being compensated for your injuries

In a contributory negligence state, a car accident victim receives nothing if they’re found to be even partially responsible for the crash. So, even if you were 5% responsible, you get nothing. In comparative negligence states, you can still recover damages in Arkansas as long as you were less than 51% at fault. Your judgment or jury award will simply be reduced by your percentage of fault.

Thankfully, Arkansas is a comparative negligence state. So, even if you’re partially at fault, you’ll still be entitled to some compensation. Consider the following example:

  • You are hit from behind by someone who was texting and driving. You were stopped at a red light. The rear driver was going way too fast when they rear-ended you.
  • Your brake lights were not working at the time of the crash. You had planned to get them fixed but hadn’t found the time. The defendant claims this why they didnt stop. They couldn’t see your brake lights.
  • The jury finds that the defendant was, for the most part, at fault for the crash. However, they believe that you’re 20% at fault because your brake lights were broken.
  • Your total damages were $100,000. Since you were found to be 20% at fault, your judgment will be reduced by 20%. So, instead of getting $100,000, you’ll only get $80,000.

Call and Speak with a Car Accident Lawyer to Help Recover Damages in Arkansas

If you or your loved one have been injured in a car accident, you’re going to need help. If you’ve been seriously injured, the last thing you’ll want to do is deal with insurance companies and lawyers. You’ll want to focus on getting better.

There’s nothing wrong with feeling like this. That’s why it’s a good idea to call an experienced car accident lawyer in Rogers, Arkansas right after your car accident. After you’ve dealt with the police and been treated for your injuries, this is the first call you should make.

Call and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case. This way, you can sit dow with an attorney who’s handled dozens of cases just like yours. They’ll let you know if you have a case or not. They can also give you an idea of what your case may worth. Finally, they’ll answer any questions you may have.

The defendant will have lawyers working for them and you should too. Your Rogers car accident attorney will work hard to get you the compensation you deserve. They’ll also handle the legal side of things while you recover from your injuries.

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