Arkansas Comparative and Contributory Negligence

Comparative negligence allows an injury victim to seek compensation for any part of his or her injury that wasn't their fault. For example, if you are involved in a car accident and you are partially at fault for that accident, you can still seek damages from the other parties who were also at fault for your injuries based on their percentage of fault.

Contributory negligence is a defense that can prevent victims from collecting any compensation for an accident for which they are in any way to blame. "Pure contributory negligence" does still exist in some states - meaning that if a victim is found in any way at fault for his or her personal injury, the victim cannot collect any compensation from other parties for the injury.This defense has been modified in many states so that a victim who is less than 50% at fault for his or her accident can still seek compensation for injuries.

"Pure comparative negligence" is kind of the opposite of pure contributory negligence - it allows a victim of injury who may have been mostly responsible for the accident to collect damages from the parties that were less at fault for the injury. "Modified comparative negligence," however, allows a victim to recover only if their fault level is below a certain percentage.

Laws about comparative and contributory negligence vary widely state by state. It's important to know how these laws can affect your injury lawsuit.

Arkansas Negligence Laws

In Arkansas, modified comparative negligence applies. If you are 50% or more at fault for an accident, you are not able to collect damages for any injuries you may have. If you are found to be 49% or less at fault, you can still seek compensation for your personal injury.

Certain additional statutes apply to comparative negligence principles in the state of Arkansas - so the way it affects your case may vary. To connect with a local injury lawyer to discuss your potential personal injury case, fill out our free case evaluation form below, or call 1 (877) 288-7564.

The above synopsis of Arkansas negligence laws is by no means all-inclusive and has been adapted from applicable state laws. This is for informational purposes and is not legal advice. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these laws, please contact a local Arkansas injury lawyer.