Learn how Arkansas traffic laws help determine fault in car accidents and how liability will affect your payout.
There are nearly three million registered motor vehicles in Arkansas, and more than 870,000 are passenger cars.¹
No matter if you are in an accident with a car, truck, or bus, the at-fault driver is liable for the losses suffered by injured victims. Determining who’s at fault in Arkansas depends on the circumstances of the collision and the applicable traffic laws.
Car Accident Liability in Arkansas
Arkansas is a tort or “fault” state, meaning you can seek compensation directly from the at-fault party after a traffic accident. In most cases, you’ll file a claim with the at-fault driver’s auto insurance company.
If you are in a car accident in Arkansas, you have three options:
- File a claim with the at-fault driver’s insurance company
- File a claim with your own insurance company (if the driver is uninsured)
- File a lawsuit against the driver
Minimum Liability Insurance Required
Arkansas requires car owners to carry auto liability coverage of at least $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damages.
Frequently Asked Questions
Arkansas Shared Fault Rules and Accident Payouts
Arkansas follows a modified comparative fault rule. This means you can file a claim against the other driver, even if you are partially at fault for the accident, so long as you are not equally or more to blame for the accident than the other driver.
If the other driver is more to blame than you, you can still receive a settlement, but the amount will be reduced according to your percentage of fault. If you are equally or more to blame than the other driver, you may be barred from seeking compensation.
Arkansas comparative fault law states:
If the fault chargeable to a party claiming damages is of a lesser degree than the fault chargeable to the party or parties from whom the claiming party seeks to recover damages, then the claiming party is entitled to recover the amount of his or her damages after they have been diminished in proportion to the degree of his or her own fault.
The other driver’s insurance company does not get to have the final say about your share of fault. If the adjuster is trying to shift blame onto you, contact an experienced personal injury attorney to discuss your case. An attorney may be able to determine whether you have a smaller share of fault, or no fault at all for the collision.
Fault for Rear-End Accidents in Arkansas
Fault for rear-end car accidents usually falls on the driver in the rear vehicle. Arkansas drivers must keep their eyes on the road, obey the speed limit, and leave enough room between vehicles to safely stop, even if the front car stops suddenly.
Rear drivers are liable if a collision occurs because they were following too closely for the weather, traffic speed, or road conditions.
Arkansas prohibits drivers from following too closely:
A driver must not follow another driver more closely than is “reasonable and prudent”, having due regard for the speed of other drivers and traffic conditions along the roadway.
Also, a driver who is towing another vehicle must leave at least 200 feet of sufficient space ahead of their vehicle.
Some rear-end accidents happen because the driver in the rear was distracted by looking down at their phone instead of watching where they were going.
Arkansas prohibits using handheld devices while driving:
Drivers under 18 must not drive while using a handheld or handsfree wireless telephone, except for the sole purpose of contacting emergency services.
Drivers 18 or older must not drive while using a handheld wireless telephone, except for the sole purpose of contacting emergency services. Drivers 18 and over are are allowed to use a hands-free wireless telephone for wireless interactive communication while driving.
Case Example: Fatal Rear-end Crash in Brookland
Samuel Mahan and his passenger Natasha Hart were sitting in a Toyota Camry waiting for a red light when a Chevy Silverado crashed into the rear of Mahan’s car.
Mahan died from the injuries he sustained in the collision. Ms. Hart was seriously injured. Arkansas State Police have not identified the driver of the pickup truck, or released information 0n pending charges.
Without extenuating circumstances, the driver of the rear car (in this case, the Silverado driver) is almost always liable for the injuries and damages suffered by the occupants of the car that was struck from behind.
Fault for Side-Impact Crashes in Arkansas
It can be harder to determine fault in a side-impact collision. Traffic cameras and witness testimony are critical to figuring out which car had the right-of-way when the crash happened at an intersection.
When a side-impact accident happens because a car pulled out from a side street or parking lot entrance, the driver of the car pulling out is likely at fault. The vehicle already traveling on the main roadway usually has the right of way.
Stop Signs and Traffic Signals
A driver must obey any traffic control devices applicable to the driver, unless directed by a traffic or police officer.
Drivers and Intersections
When two drivers approach an intersection at approximately the same time the driver on the left must yield to the driver in the right.
Drivers Intending to Turn Left at Intersections
A driver who intends to turn left at an intersection must yield the right of way to drivers approaching from the opposite direction.
Drivers Entering a Roadway Must Yield
A driver about to enter or cross a roadway from a private road or driveway must yield the right of way to all other vehicles on the roadway to be crossed.
Case Example: Fatal T-Bone Crash in Little Rock
Derek Reed was traveling West on Cantrell Road, approaching the intersection with Foxcroft Road. Owen Carroll was traveling South on Foxcroft when he ran a red light at the Cantrell Road intersection, pulling into the path of Reed’s vehicle.
Reed’s Ford T-boned Carroll’s Mercedes on the driver’s side of Carroll’s vehicle. Mr. Carroll was transported to UAMS Medical Center where he was pronounced dead.
Running a red light is a clear violation of Arkansas traffic laws. Owen Carrol disregarded the traffic signal and is therefore liable for the resulting accident.
Fault for Head-On Collisions in Arkansas
Head-on collisions are one of the most deadly types of traffic accidents. The driver who is left of center, or traveling in the wrong direction on a one-way street is at fault in a head-on crash.
Police investigators will look at the position of the vehicles, skid marks, and other indicators at the scene to determine fault. Witness testimony will also be considered.
At-fault drivers may stray from their lane because of distractions, drugs, alcohol, or falling asleep at the wheel. Some head-on collisions are caused by aggressive drivers trying to pass another vehicle by moving into the oncoming traffic lane.
Arkansas drivers must stay in the right lane:
Drivers must drive in the right lane of roadways with the following exceptions:
- When passing another driver in the same direction
- When there is an obstruction in the right lane
- Upon a roadway with three marked lanes for traffic
- Upon a roadway restricted to one way traffic
- When the right half of the road is in disrepair
- When the vehicle is preparing to exit the roadway on the left
Arkansas drivers must stay to the right:
Drivers of vehicles proceeding in opposite directions must pass each other to the right. On one-lane roads, each driver shall give to the other at least one-half (½) of the main-traveled portion of the roadway as nearly as possible.
Case Example: Stone County Head-On Collision
Paydan Biram Stewart was driving his Toyota Tundra while traveling South on State Highway 263 in Stone County. Ashton Rey Woods, in her Kia Soul, was traveling North on Highway 263 when Stewart’s Tundra crossed over the double-yellow line, crashing head-on into Wood’s car.
Ms. Woods did not survive the collision. Stewart was injured and transported to UAMS-Little Rock.
Stewart was driving the vehicle that crossed left-of-center in a no-passing zone indicated by a double-yellow line. Therefore he is liable for the collision and resulting wrongful death of Ms. Woods.