Proving Another Driver Was Primarily at Fault for an Accident

In Arkansas, proving fault is essential to recovering damages from another party following an auto accident. Arkansas operates under a comparative fault system, meaning that the amount of compensation an accident victim can receive is directly influenced by their degree of fault in the incident. Understanding this legal framework is important to recovering damages after an accident.

Arkansas’s comparative fault law dictates that an accident victim must be not more than 49 percent at fault to recover any damages. If the victim’s fault reaches or exceeds 50 percent, they are barred from seeking compensation from the other party. Even if the victim is less than 50 percent at fault, their recovery will be reduced by the percentage of their fault. For instance, if a victim is found to be 30 percent at fault and the total damages amount to $100,000, the victim can only recover $70,000.

This comparative fault system means that the victim not only needs to prove the other driver’s fault but must also defend against any allegations of fault on their part. Proving fault involves demonstrating that the other driver’s negligence or wrongful actions directly caused the accident and the resulting injuries. The burden of proof lies with the victim, making it vital to gather substantial evidence.

If you are in a car accident, there are several types of evidence that you can gather and present to establish the other driver’s fault:

1. Police reports — Immediately after an accident, call the police. The police report often contains an officer’s assessment of the accident scene, including who may be at fault based on witness statements and physical evidence.
2. Witness testimonies — Eyewitness accounts can provide an objective perspective on how the accident occurred. Gathering contact information from any witnesses at the scene is essential for obtaining their statements later.
3. Photographs and videos — Visual evidence from the accident scene can be invaluable. This includes photos or videos of the vehicles involved, any skid marks, traffic signals, road conditions, and injuries sustained.
4. Surveillance footage — Nearby surveillance cameras, such as those at businesses or traffic intersections, might have captured the accident. Securing this footage can provide clear evidence of the events leading up to and during the accident.
5. Expert testimony — Accident reconstruction experts can analyze the scene, vehicle damage, and other factors to provide a professional opinion on how the accident occurred and who was at fault.
6. Medical records — Detailed medical records linking injuries directly to the accident can help establish the extent of harm caused by the other driver’s negligence.

By compiling this evidence with the assistance of a skilled automobile accident attorney, you can build a strong case to prove the other driver’s fault while also defending against claims that you contributed to the accident. This dual approach is critical for maximizing your potential recovery.

Schnipper, Britton & Stobaugh in Hot Springs seeks compensation for clients hurt in all types of Arkansas vehicle accidents. Please call 501-762-0887 or contact us online to schedule a free initial consultation.