Can You Still Recover Compensation If You Were Partially at Fault for a Truck Accident in Arkansas?

Truck accidents are among the most serious and complex personal injury cases in Arkansas. With high medical bills, lost income, and long-term recovery to consider, securing compensation is often critical to rebuilding your life. But what happens if you were partially responsible for the crash? Can you still file a claim and recover damages?

The good news is that Arkansas follows a modified comparative fault rule. This means you may still be eligible for compensation — even if you share some of the blame — as long as your share of the fault is less than 50%. Understanding how this works is essential if you're involved in a truck accident and unsure whether you're entitled to financial recovery.

What Is Comparative Fault?

Comparative fault is a legal principle that allows injured parties to recover compensation in an accident, even if they were partially at fault. However, the total compensation is reduced by their percentage of fault.

In Arkansas, this is known as modified comparative negligence. Here's how it works:

• If you are found to be 49% or less at fault, you can still recover damages — but your award will be reduced by your percentage of fault.
• If you are found to be 50% or more at fault, you cannot recover any compensation.

This law ensures that people who are primarily responsible for an accident cannot profit from it, while still giving those who were partially at fault a chance to recover something for their losses.

How Is Fault Determined in a Truck Accident?

Determining fault in a truck accident involves a detailed investigation. Insurance companies, attorneys, and sometimes courts will examine:

• Police reports and citations issued at the scene
• Eyewitness statements
• Black box data from the commercial truck
• Dashcam or surveillance footage
• Accident reconstruction analysis
• Statements from both drivers

Each piece of evidence contributes to an overall picture of what happened, and fault is assigned accordingly. In some cases, multiple parties may share the blame, including the truck driver, the trucking company, or another motorist involved in the accident — including you.

Examples of Partial Fault in Arkansas Truck Accidents

Let’s take a look at some real-world examples where a driver might be partially at fault and how that affects compensation:

• Example 1: You were rear-ended by a semi-truck while slowing for traffic, but your brake lights were not working. Investigators determine you're 20% at fault. If your total damages were $100,000, you could still recover $80,000.
• Example 2: You changed lanes without signaling, and a truck collided with your car. You're found to be 55% at fault. In this case, you would not be eligible to recover damages under Arkansas law.

Each case is unique, so it’s important to consult with a truck accident attorney who can review your case and help challenge unfair fault assignments from insurers.

Why Fault Matters So Much in Truck Accident Cases

Commercial truck accidents often involve serious injuries, extensive property damage, and multiple liable parties. Because the stakes are high, insurance companies representing trucking companies are quick to push blame onto injured drivers in an attempt to reduce their financial liability.

If they can prove you're 50% or more at fault, they don't have to pay anything. That’s why you need to be cautious when speaking with insurance adjusters and never admit fault before consulting an attorney.

What Compensation Is Available If You're Partially at Fault?

Even if you share some responsibility for the crash, you may still be able to recover a wide range of damages, including:

• Medical expenses (emergency care, hospitalization, rehab, prescriptions)
• Lost wages and future earning capacity
• Pain and suffering
• Property damage (vehicle repairs or replacement)
• Emotional distress

The key is proving that the other party was more at fault than you were — and ensuring your own level of fault is not exaggerated by the opposing insurance company.

What Should You Do After a Truck Accident in Arkansas?

If you've been involved in a truck accident — especially if you think you may have contributed to it — there are several steps you should take right away:

• Seek medical attention, even if you don’t think your injuries are serious.
• Call law enforcement and make sure a police report is filed.
• Document the scene with photos and gather contact info from witnesses.
• Do not admit fault to anyone at the scene, including the truck driver or police.
• Contact a truck accident attorney before speaking with insurance adjusters.

These steps will help protect your health and your legal claim — especially in situations where liability may be disputed.

How a Truck Accident Attorney Can Help

If you’re being blamed — even partially — for a truck accident, an experienced attorney can make a major difference in the outcome of your case. At Walker Law Group, we know how to gather the evidence needed to fight back against unfair fault assessments and make sure your side of the story is heard.

We’ll work to reduce your percentage of fault, maximize your compensation, and hold all responsible parties accountable — including truck drivers, their employers, and insurance companies.

Contact Walker Law Group Today for Legal Representation

Being partially at fault doesn’t mean you’re out of options. Arkansas law gives you the right to seek compensation as long as you're less than 50% responsible for the crash. But the sooner you act, the stronger your case will be.

Contact Walker Law Group today for a free consultation. We’ll review your case, explain your legal options, and help you fight for the compensation you deserve — even if the trucking company is trying to blame you.