Speeding & Car Accident Liability in Arkansas
When an accident occurs, both parties will look for reasons to reduce their own liabilities. After all, accident injuries and damages are expensive. Even with insurance, bills can often run high. If you were speeding and suffered injuries in an accident, you may wonder if you are allowed to collect money from the other driver. Can you file a personal injury lawsuit or claim at all?
The simple answer is yes. But like many things in life — it’s complicated. If you played a role in the accident, the amount of compensation you can receive is reduced. When insurance companies find out you were speeding, they will look to use this to their advantage. They may try to pin the whole accident on you or refuse to settle a claim outright. For this reason, injured accident victims need someone on their side that can fight for their rights to compensation after a crash.
At Rainwater, Holt & Sexton,our Arkansas car accident attorneys want to be there with you every step of the way. We will review your accident and help build a case for you. We will examine all causes of the accident and ensure that you do not accept more liability than you need to. With a personal injury law firm on your side, you can more easily navigate the complex waters of injury liability and litigation.
Comparative Fault in Arkansas
Most states, like Arkansas, have adopted a comparative fault standard, where a jury hears the evidence and then compares each party’s fault. If an injured party’s fault is equal to, or greater than, a party he or she is suing, the laws of the state may completely bar recovery. However, if the injured party’s fault is less than the party he or she is suing, they can recover damages, but they are reduced by their respective percentage of fault. This is known as a modified comparative fault or modified comparative negligence.
In Arkansas, the modified comparative fault rule only applies in cases where the injured person is less than 50 percent responsible for the accident. If you are found to be more than 50 percent responsible, you are not allowed to collect damages from any other involved party even if they are found to be at fault as well.
How Can Speeding Affect Determining Fault?
Speeding can contribute to the cause of an accident. After all, if a driver is traveling at high rates of speed, they may not be able to react in an emergency situation. For instance, if a driver pulls out in front of them, their speed may make it impossible to stop. As such, speeding drivers almost always share some of the blame for the accident. Their compensation is then reduced by how much blame they accept.
For example, if an injured person is speeding before a wreck, but the defendant driver pulled out in front of him, then the jury will compare their fault. If a jury finds the defendant driver was 75% negligent and the injured plaintiff driver was only 25% negligent (due to speeding), the injured party will recover for their damages, after they have been reduced by 25%. Stated another way, the injured plaintiff driver will only recover 75% of their total damages, but they do recover.
I was speeding and got hurt in a wreck. Can I still win my personal injury case?
Yes. Just because you were speeding and got hurt in a wreck, it does not automatically mean you have no chance of winning your case. At Rainwater, Holt & Sexton we have experience in working cases with speeding drivers. We can help you build a case to collect compensation for your injuries, and we can ensure that insurance companies do not take advantage of you during this time. Even if you were speeding, there are ways to establish that the other driver is “more” to blame for the accident.
Hire an Arkansas Car Accident Attorney Today
Establishing fault and proving damages are tricky and complicated without an attorney on your side. Insurance companies have no trouble playing hardball with injured accident victims. They often use a “take it or leave it” approach when offer settlements and they may use the fact that you were speeding as a way to pressure you into signing.
Never sign anything without first speaking to an experienced and skilled Arkansas car accident lawyer at Rainwater, Holt & Sexton,,today. We can help you navigate the complex waters of personal injury law after an accident. Our lawyers know how to investigate the accident closely to identify all responsible parties. We then work with medical experts, forensic specialists, accident reconstruction teams, and insurance companies to protect your rights and build a case for you. Without a car accident lawyer from Rainwater, Holt & Sexton, on your side, you may not get the money you truly need — and deserve.
We’re Taking Care of You
Arkansas and Tennessee are our homes, and we want to make sure our neighbors and friends are supported. With six office locations — Little Rock, Fayetteville, Conway, Hot Springs, Bryant, and Memphis —our personal injury lawyers are easily accessible when you need help.
Our experienced injury attorneys are here to advocate for you.