In order to determine whether another’s negligence caused your injury, you must first have a strong understanding of the concept of negligence. In general, someone is legally negligent when they violate a duty that they owe to you. In addition, someone may be held negligent if they fail to use reasonable care in a certain situation and you are hurt as a result.
Negligence in Arkansas
Arkansas follows a modified comparative fault rule which states that you may collect damages in proportion to your level of the blame for the accident. However, if you are just as responsible for your injuries as the other party, you may not be able to recover any damages at all.
This means if you are more than 50% responsible for the accident, you will be unable to collect any compensation for your losses.
An Example of Arkansas’s Modified Comparative Fault Rule
Consider this example: You’re driving down the road a few miles per hour above the speed limit as you pass through an intersection when the light is green. Suddenly, an oncoming vehicle turns left directly in front of you, hits you, and injures you as a result.
Since you were speeding, you were deemed to be 10% responsible for your injuries and the other driver is 90% liable since they made a dangerous left turn.
If the total amount of your losses is $10,000, your compensation will be deducted by $1,000 (10%) in order to account for your fault for the accident.
An Attorney Can Help
Skilled personal injury attorneys are constantly tasked with determining another party’s negligence and our team here at Caddell Reynolds Law Firm is no different. We have helped many other people prove another party’s negligence and we’re prepared to do the same for you.
Contact the experienced attorneys at Caddell Reynolds Law Firm by calling 800-671-4100 or filling out an online contact form today.