Determining Liability

Determining liability is the first order of business. If the other motorist was solely to blame for causing the collision, you will be able to file a lawsuit against him or her to recover damages. If you were solely to blame for causing the accident, you will not have the ability to recover compensation in a lawsuit and may be sued by the other driver. Finally, if both parties were partially at fault for the collision, the issue becomes murkier and the state’s comparative negligence laws help determine negligence.

Negligence Laws in Arkansas and Oklahoma

Both Arkansas and Oklahoma have modified comparative negligence rules:

Arkansas: Under Ark. Code § 16-64-122, a plaintiff who shares a percentage of the fault for an accident is not necessarily barred from recovering damages in a lawsuit. However, the state does bar people from filing lawsuits and recovering damages when their percentage of the fault exceeds that of the other party.
Oklahoma: Oklahoma has a similar modified comparative fault statute that is codified at Okla. Stat. tit. 23 §13. Under this law, a person whose degree of fault exceeds the percentage of fault held by the other party is not entitled to recover compensation.

What these laws mean is that you have the right to file a personal injury lawsuit to recover compensation in Arkansas or Oklahoma after an accident, as long as you were less at fault than the other party involved.

This legal system, often referred to as comparative fault or comparative negligence, allows you to still pursue damages even if you share some responsibility for the accident. For instance, if you were 40 percent at fault in the accident and the at-fault driver was 60 percent responsible, you may still be able to file a lawsuit to seek compensation.

However, it’s important to understand that your total damages would be reduced by the percentage of fault attributed to you. In this example, your compensation would be reduced by 40 percent. This means that if you were awarded $10,000 in damages, you would only receive $6,000 after accounting for your share of the blame.

Navigating these laws can be complex, especially when dealing with the at-fault driver’s insurance company, which may try to minimize or deny your claim. Understanding your rights under these laws is crucial to securing fair compensation for your personal injury and any other damages you have suffered.

Were You Injured?

If you have determined that the other party was at fault for your accident, you will then need to consider whether you were injured and if your injuries were caused by the other driver’s negligence.

If you were not injured, there will not be a basis to file a lawsuit. Property-damage only claims can be filed directly with the responsible insurance company without the help of an attorney. If you were injured, you will need to figure out whether your injuries were caused by the other driver’s negligence to determine whether you can recover damages.

For example, if you were involved in a car accident and then tripped and broke your leg a few days later, you will not be able to recover damages for your broken leg by filing a lawsuit against the driver who caused your crash.

Did You Suffer Harm?

To recover damages after a car accident, you must have suffered actual harm, which typically includes physical injuries, property damage, or financial losses. For example, if you experienced medical expenses, lost wages due to time off work, or repair costs for your vehicle, you may have a valid claim.

However, if the crash was minor, caused no damage to your vehicle, and resulted in no financial losses or injuries, you likely will not have grounds to file a claim. Demonstrating harm is a critical part of building a successful case, as it shows how the accident has negatively impacted your life.

Benefits of a Car Accident Lawyer

Hiring a car accident lawyer from a reputable law firm can significantly improve your chances of successfully navigating the complexities of a car accident lawsuit.

These legal professionals provide expert legal advice to help you fully understand your rights and options following an accident. They can negotiate effectively with insurance companies to ensure you receive fair compensation for medical bills, lost wages, property damage, and other losses resulting from the accident.

With their extensive experience, a car accident lawyer can manage all the necessary paperwork, gather critical evidence, and build a strong case to support your claim. Their expertise ensures that every aspect of your car accident lawsuit is handled professionally, giving you the best chance of achieving a favorable outcome.

By entrusting your case to a skilled lawyer, you can focus on your recovery while they work tirelessly to secure the compensation you deserve.

Talk to the Car Accident Attorneys at the Law Offices of Craig L. Cook

If you believe your car accident and resulting injuries were caused by someone else’s negligence, it’s important to understand your legal rights. Consulting with an experienced car accident attorney at the Law Offices of Craig L. Cook can help you determine whether you have a valid car accident case and guide you through the process of seeking fair compensation for your medical bills, lost wages, and other damages.

Our law firm offers personalized advice and strong representation to help you every step of the way. Contact us today for a free consultation by calling 479-783-8000 or sending us a message to schedule your consultation.

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