In Arkansas, more than one driver can be at fault for a crash—and still recover money.

Under the state’s modified comparative negligence rule, you can recover compensation after a car accident as long as you are 49% or less at fault. But your payout will be reduced based on your share of the blame.

At Ludwig Law Firm, we help injury victims protect their case value—even when the insurance company tries to shift some of the fault onto them.

As always - if you have a legal question you want answered in a future blog, submit it via the form on this page. Now, let's dive in!

Arkansas’s 49% Rule: How It Works

Arkansas uses a modified comparative fault system (Ark. Code § 16-64-122), which means:

• If you’re 50% or more at fault, you get nothing

• If you’re 49% or less at fault, your settlement is reduced by that percentage

Example: You’re rear-ended, but they claim you had a broken brake light. A jury finds you 20% at fault. You win $50,000, but receive $40,000 after fault reduction.

How Insurance Companies Use This Rule Against You

Insurers love comparative negligence because it gives them an excuse to pay less—or nothing.

They may try to argue:

• You stopped too suddenly

• You were distracted

• You failed to signal

• You contributed to the crash by speeding

Even if the other driver was clearly reckless, they only need to push you above 50% fault to wipe out your claim entirely.

We push back hard with evidence, expert reports, and witness statements to keep your share of fault low—or eliminate it completely.

What Kinds of Accidents Use Comparative Negligence?

Most Arkansas car crashes involve shared blame arguments, including:

Don’t Let Them Blame You Into a Lowball Offer

Call 501-838-4043 or visit ludwiglawfirm.com. We’ll take control of the narrative and fight for the full value of your case.

📞 Call Ludwig Law Firm today at 501-838-4043
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Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.

We’ve handled all of these and gotten full payouts even when clients were partially blamed.

Why Legal Strategy Matters

Comparative negligence isn’t just about facts—it’s about how they’re presented. We prepare every case like it’s going to trial and:

• Analyze the crash report for bias

• Challenge inaccurate police statements

• Collect medical records that support delayed-onset injuries

• Use video footage and phone records to challenge fault claims

And when your case needs sharper courtroom tactics, we partner with Warden Law Firm. When a client needs both finesse and firepower, a Ludwig and Warden partnership is the best option.