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.

Truck accidents are some of the most devastating incidents on the road due to the immense size and weight of commercial vehicles. When a truck collides with a smaller passenger vehicle, the impact can result in severe and often life-altering injuries for those in the passenger vehicle. Understanding the types of injuries that commonly result from truck accidents can help victims and their families prepare for the steps involved in recovery and obtaining compensation.

1. Traumatic Brain Injuries (TBI)

One of the most serious injuries in truck accidents is a traumatic brain injury (TBI). TBIs occur when the head sustains a powerful impact, causing the brain to strike against the skull. This injury can vary in severity from mild concussions to severe brain damage. Symptoms of a TBI include confusion, headaches, memory loss, and changes in behavior or cognitive function. In severe cases, a TBI can lead to permanent disabilities, requiring ongoing care, therapy, and lifestyle adjustments.

Brain injuries are particularly concerning because symptoms might not always appear immediately after the accident. Even a mild concussion can evolve into something more serious if not properly addressed. Those involved in a truck accident should seek medical evaluation as soon as possible to identify any signs of a TBI, especially if there are symptoms like dizziness, difficulty remembering details, or changes in mood. Victims of severe TBIs may need extensive rehabilitation and could face challenges in returning to work or maintaining independence, significantly affecting their quality of life.

2. Spinal Cord Injuries

Spinal cord injuries are another serious consequence of truck accidents, often leading to partial or complete paralysis. These injuries happen when the force of the collision damages the spinal cord, disrupting the communication between the brain and other parts of the body. Paralysis from a spinal injury can be life-changing, requiring the victim to adapt to new physical limitations and often making long-term medical support a necessity.

The severity of a spinal cord injury can depend on the location of the damage along the spine. Injuries higher up on the spinal cord may result in paralysis of most of the body, while injuries lower down may affect only the legs. The costs associated with spinal cord injuries are high, often including surgeries, physical therapy, assistive devices, and home modifications to accommodate mobility needs. For victims and their families, the financial burden can be significant, emphasizing the importance of seeking compensation that covers these extensive costs.

3. Broken Bones and Fractures

Broken bones and fractures are common injuries in truck accidents, given the intense force of a collision with such a heavy vehicle. The impact can break ribs, arms, legs, and other bones, sometimes requiring surgery and lengthy recovery periods. Multiple fractures are particularly challenging, as they often lead to complications and extended healing times. Victims may need physical therapy to regain strength and mobility, and some may experience chronic pain or limited function long after the bones have healed.

Broken bones can have lasting consequences, especially if they affect mobility or cause ongoing discomfort. For some, repeated surgeries or additional treatments may be needed if the bones do not heal properly. In addition to medical expenses, these injuries may result in lost wages and an inability to perform certain tasks, both at work and in daily life. Compensation in these cases is crucial to cover not only immediate medical bills but also the long-term costs associated with recovery.

4. Internal Injuries

Internal injuries are particularly dangerous because they are not always visible immediately after a truck accident. The powerful impact of a collision can damage organs like the liver, spleen, or kidneys, leading to internal bleeding and other complications. These injuries are life-threatening and require emergency medical intervention to prevent long-term health issues or even death.

Symptoms of internal injuries may be subtle, such as mild abdominal pain or lightheadedness, which may not seem serious initially. However, these signs can quickly escalate if left untreated. Medical scans and diagnostic tests are often necessary to detect internal injuries after a truck accident. Prompt treatment is essential, as untreated internal bleeding or organ damage can lead to severe health risks. Victims with internal injuries often face extended hospital stays and significant medical expenses, making legal support vital to ensure adequate compensation for these unpredictable costs.

5. Whiplash and Neck Injuries

Whiplash and other neck injuries are common outcomes in truck accidents, particularly due to the high-speed and high-impact nature of these collisions. Whiplash occurs when the neck is suddenly jerked back and forth, straining the muscles, ligaments, and tendons in the neck. This injury can cause pain, stiffness, headaches, and reduced range of motion, sometimes leading to chronic discomfort if not treated effectively.

While whiplash may initially seem like a minor injury, it can become a long-term issue for many victims. In severe cases, whiplash can also result in nerve damage that affects the shoulders, arms, and hands, complicating recovery. Physical therapy is often recommended to help restore neck movement and alleviate pain, but this can extend the recovery timeline and add to medical costs. Neck injuries, particularly when involving nerve damage, can impact a victim’s ability to perform daily tasks and work-related activities, emphasizing the need for comprehensive compensation to address these lasting effects.

Seeking Legal Help for Truck Accident Injuries

The financial and emotional impact of truck accident injuries can be overwhelming, especially when facing long-term medical treatment, rehabilitation, and potential lifestyle changes. Compensation in truck accident cases is designed to help victims cover the extensive costs associated with recovery and ensure that they have access to the care they need. By consulting an experienced truck accident attorney, victims can better understand their options for pursuing compensation and securing support for their recovery journey.Attorneys can assist in gathering evidence to demonstrate the extent of the injuries, working with medical professionals to present a comprehensive view of the victim’s needs. From covering medical bills and lost wages to providing compensation for pain and suffering, legal representation can help ensure that all aspects of the victim’s experience are considered. If you or a loved one has been injured in a truck accident, reach out to us. Our team at Fort Smith Law is dedicated to supporting victims and helping them secure the compensation they need to rebuild their lives and regain stability after such a traumatic event.