LITTLE ROCK, AR – Arkansas’s modified comparative negligence rule can reduce or completely eliminate an accident victim’s compensation depending on how much fault is attributed to them, creating a high-stakes threshold that insurance companies routinely exploit. Little Rock personal injury attorney Joseph Gates of Gates Law Firm, PLLC (https://www.gateslawpllc.com/what-is-comparative-negligence-in-arkansas/) is providing guidance on how this rule works, what the 50 percent bar means for injury claims, and how insurance companies use fault-shifting tactics to minimize payouts throughout Little Rock and Arkansas.

According to Little Rock personal injury attorney Joseph Gates, Arkansas Code Section 16-64-122 establishes a modified comparative fault system that allows a court or jury to assign a percentage of fault to each party involved in an accident. A victim can recover damages only if their fault is less than 50 percent. If a jury assigns 50 percent or more of the blame to the injured person, they receive nothing at all. This cliff-edge effect means the difference between 49 percent and 50 percent fault is not a small adjustment but the difference between receiving compensation and walking away empty-handed. “A single percentage point can determine the entire outcome of a case,” explains Gates.

Little Rock personal injury attorney Joseph Gates notes that the statute defines fault broadly under Section 16-64-122(c) to include any act, omission, conduct, risk assumed, breach of warranty, or breach of any legal duty that is a proximate cause of damages. This expansive definition means that even responsible drivers can face allegations of shared blame, such as claims they failed to brake soon enough, did not honk their horn, or chose a route known for heavy traffic. Under this system, a victim found 20 percent at fault for a collision with $100,000 in damages would receive $80,000, a victim found 49 percent at fault would receive $51,000, and a victim found 50 percent at fault would receive nothing.

Attorney Gates highlights that insurance companies treat comparative negligence as a cost-management tool. The 50 percent bar gives insurers a direct financial incentive to push a victim’s assigned fault to or beyond the critical threshold. Common tactics include misinterpreting statements made after an accident, exaggerating minor infractions such as slightly exceeding the speed limit, using delays in seeking medical treatment to argue injuries were unrelated to the crash, and pressuring victims into providing recorded statements before consulting an attorney. “Adjusters are trained to gather information that can be used against injured individuals, and anything said in a recorded statement can later be interpreted as an admission of fault,” he adds.

Arkansas law provides an important safeguard at trial that is not available in every state. Under Arkansas Code Section 16-64-122(d), counsel for any party may argue to the jury the effect of its fault findings on the final award. This transparency provision allows an attorney to explain directly to jurors that assigning 50 percent or more fault to the victim would eliminate all compensation for medical bills, lost wages, and pain and suffering, while the defendant walks away without paying any damages.

The firm works to minimize the percentage of fault attributed to clients by conducting independent investigations and collecting critical evidence including police reports, eyewitness statements, surveillance footage, vehicle data recorders, cell phone records, and testimony from accident reconstruction professionals. Photographic evidence of vehicle damage, skid marks, and road conditions can illustrate how an accident occurred, while medical records link the nature of injuries to the mechanics of the collision.

“Even responsible drivers can be blamed by insurance companies looking to reduce their financial exposure,” observes Gates. “An independent investigation into the accident, conducted before evidence is lost or overwritten, is essential to countering these tactics and protecting a victim’s right to fair compensation.”

Under Arkansas Code Section 16-56-105, the statute of limitations for most personal injury cases is three years from the date of injury. For those involved in an accident on roads such as Interstate 30, Interstate 630, Cantrell Road, or anywhere in Arkansas, consulting a personal injury attorney promptly may help preserve evidence and protect claims from unfair fault-shifting by insurance companies.

About Gates Law Firm, PLLC:

Gates Law Firm, PLLC is a Little Rock-based personal injury firm focused on representing accident victims throughout Arkansas. Led by attorney Joseph Gates, the firm handles car accidents, truck collisions, product liability, traumatic brain injuries, and wrongful death claims. The office is located at 2725 Cantrell Road, Suite 200, in Little Rock. For consultations, call (501) 779-8091.

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Website: https://www.gateslawpllc.com/

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Company Name: Gates Law Firm PLLC
Contact Person: Joseph Gates
Email: Send Email
Phone: (501) 779-8091
Address:2725 Cantrell Rd Ste 200
City: Little Rock
State: Arkansas 72202
Country: United States
Website: https://www.gateslawpllc.com/