Fault in car accidents can be a complicated concept. In many cases, both parties are partially at fault because of the circumstances. In these cases, fault can be placed on both drivers for certain percentages, and those percentages would determine how much compensation is paid out by insurance companies as a result of the accidents. These percentages can be negotiable with the insurance companies. Though Arkansas law does not allow for recovery of damages if the person's fault is over 50 percent, some insurance companies may still offer a settlement to avoid expensive litigation.
Multiple factors are used in determining accident fault, the first of which is duty. On the road, it is every driver's duty to drive safely and follow the rules of the road. Failure to follow these laws constitutes a breach of duty. The next factor is proximate cause; the injury must be a direct result of the accident. The last thing to prove is that the accident would not have happened if not for the actions of the defendant.
Since negotiations take place with an insurance company, proving fault may not be completely necessary. The victim can present his or her side of the story to the insurance company. Knowledge of the rules of the road can help greatly in this process. The biggest help in this is evidence, such as police reports and eyewitness statements.
When somebody is injured in a car accident, an attorney may be able to help with the negotiations between the victim and the insurance company. Simply knowing what the insurance company needs to hear could be all that is required, and the threat of a lawsuit may be enough to receive a settlement offer. Victims in these cases often recover medical expenses along with additional funds for pain and suffering and loss of income.
Source: findlaw.com, "Accident Fault FAQ", September 03, 2014