Little Rock, Arkansas - Personal injury lawyer in Arkansas, Joseph Gates of Gates Law Firm, PLLC (https://www.gateslawpllc.com/what-is-comparative-negligence-in-arkansas/), is releasing a clear, client-facing explainer on Arkansas’s modified comparative negligence rule, including the pivotal 50% bar that can determine whether an injured party recovers compensation. The guidance addresses how fault is allocated after crashes, falls, and other preventable incidents, and why early case strategy matters for families seeking recovery.
Under Arkansas Code § 16-64-122, fault is divided among all parties, and damages are reduced by the claimant’s percentage of responsibility. The personal injury lawyer in Arkansas outlines that recovery remains available when a claimant’s fault is 49% or less, but any finding of 50% or more eliminates the right to compensation. Using plain-language examples, the resource shows how a $100,000 verdict becomes $80,000 at 20% fault, and how a 50% assignment results in zero. This practical framing helps residents understand what is at stake from the first phone call with an insurer to the final verdict.
The explainer also emphasizes the statute’s broad definition of “fault,” which can include acts, omissions, assumption of risk, and breaches of duty. That breadth cuts both ways, creating opportunities to prove the other side’s negligence while giving carriers room to argue shared responsibility. To counter this, the personal injury lawyer in Arkansas outlines an evidence-first approach built on prompt collection of police reports, witness statements, photographs, traffic or security video, vehicle data, medical documentation, and, when needed, accident reconstruction. The firm notes that cell phone records can be decisive where distracted driving is suspected.
Insurance tactics receive direct attention. According to the guidance, recorded statements often aim to shift percentages toward the 50% threshold, and minor infractions can be overstated to dilute liability. The personal injury lawyer in Arkansas underscores a key procedural safeguard within Arkansas Code § 16-64-122(d), which permits counsel to explain to jurors the real-world consequences of their allocations of fault. That instruction allows a trial team to make clear that a move from 49% to 50% changes an injured person’s recovery from a partial award to none at all, a distinction that frequently drives litigation strategy and settlement posture.
Community impact is part of the message. Arkansas families navigating hospital bills, wage loss, and rehabilitation need clarity on timelines and proof. The guidance highlights the importance of early documentation, consistent medical care, and careful communication with adjusters. It also addresses common scenarios, such as low-speed collisions with disputed right-of-way, multi-vehicle chain reactions with layered liability, and premises incidents where both notice and conduct are contested. In each situation, the personal injury lawyer in Arkansas focuses on assembling objective proof that minimizes alleged comparative fault and supports a fair outcome.
Residents seeking case-specific direction can request a confidential evaluation and a step-by-step plan for evidence preservation, valuation of damages, and negotiations with carriers. The firm provides illustrations of how percentage shifts influence settlement offers, and how trial preparation can pressure more accurate allocations of fault before a jury ever hears the case.
About Gates Law Firm, PLLC:
Gates Law Firm, PLLC is a Little Rock-based personal injury practice led by attorney Joseph Gates. The firm represents Arkansans in motor vehicle collisions, commercial trucking crashes, dangerous premises incidents, and other injury matters across Pulaski County and surrounding regions. The team handles investigation, evidence development, negotiations, and trial with a focus on clear communication and results for injured clients. For consultations, call (501) 779-8091 or visit the firm online to request a case review.
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Email: Gates@GatesLawPLLC.com
Website: https://www.gateslawpllc.com/
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Company Name: Gates Law Firm PLLC
Contact Person: Joseph Gates
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Phone: (501) 779-8091
Address:2725 Cantrell Rd # 105
City: Little Rock
State: Arkansas 72202
Country: United States
Website: https://www.gateslawpllc.com/