ARKANSAS AUTO INSURANCE GUIDE
Arkansas Comparative Fault & Crash Liability
Arkansas uses modified comparative fault. Under Ark. Code § 16-64-122, a claimant may recover only when the claimant’s fault is less than the fault chargeable to the party or parties from whom recovery is sought. Damages are reduced in proportion to the claimant’s fault; equal or greater fault bars recovery.
- A claimant at exactly 50% fault is barred when opposing fault totals 50%.
- Identify all persons whose fault may properly be compared.
- Preserve physical, electronic and witness evidence relevant to causation and allocation.
- Analyze comparative fault separately from insurance coverage and damages issues.
Primary Arkansas Source
Ark. Code § 16-64-122 — Comparative Fault
Current-law review: September 16, 2026. Apply the statute with current Arkansas appellate authority and the facts of the crash.
VictimsGuide 