After your car accident, assigning fault is a critical action to take. This is because it is necessary when filing your car accident claim with an insurance company, and maybe even your personal injury claim with an Arkansas court. Read on to discover whether Arkansas is considered a comparative negligence state and how a seasoned Fayetteville, Arkansas car accident lawyer at Knapp Law Firm can help you in placing blame on the negligent party.
Is Arkansas a comparative negligence state?
Simply put, Arkansas is what is known as a modified comparative negligence state. This means that a plaintiff of a car accident claim is allowed to seek financial compensation to recover their damages so long as it is determined that they were only partially, and not majorly, to blame for their accident.
For example, say that an insurance company or an Arkansas court finds you to be only 25 percent responsible for your car accident. Then, you may bring forward a claim and receive an award worth 75 percent of your damages.
On the other hand, say that you are found to be 51 percent responsible for your crash. Even being majorly responsible by only one percent will make you ineligible for a claim.
How can I assign fault in my car accident claim?
As you can likely conclude, proving the other party as the majority negligent in your car accident claim is pivotal for recovering your damages. And to do so, you must satisfy your burden of proof and provide an insurance company or an Arkansas court with enough evidence of their negligence. Examples include, but are not limited to, the following:
- A copy of the official accident report that was conducted by the law enforcement officer present at the scene.
- Photos and videos of your injuries, your car damages, any present hazards, and the overall scene.
- Statements made by witnesses that recount how your accident played out.
- Statements made by medical professionals that recount the date and time you incurred your injuries, along with their long-term consequences.
- Statements made by loved ones that recount how your injuries have affected your day-to-day life.
- Statements made by employers that recount how your injuries have affected your ability to return to work.
- Medical bills that recount the cost of your injuries.
- Car repair bills that recount the cost of your damages.
- Pay stubs that recount the cost of your lost wages.
Notably, a competent Fayetteville, Arkansas personal injury lawyer is ready and willing to assist you in gathering this evidence. We will even take it a step further and help you obtain security camera footage of your accident playing out, among other things. To kickstart your car accident claim, reach out to Knapp Law Firm today. We look forward to collaborating with you.