Jonesboro, AR – Jonesboro Right Now – It is a scenario that plays out regularly at busy intersections in Craighead County. Two vehicles collide, both drivers share a fraction of the blame, and local law enforcement is called to sort out the scene.

When an accident happens, most people assume that insurance companies simply pay out based on who caused the wreck. However, Arkansas traffic injury claims are governed by a strict legal framework known as “modified comparative fault.”

Rees Law Firm in Jonesboro has spent more than 30 years handling personal injury and auto accident claims in Northeast Arkansas. According to Rees, understanding this specific rule is often the difference between recovering fair compensation and walking away with nothing.

Rees Law Firm breaks down how Arkansas’s comparative fault system works and why immediate actions at the scene are critical to protecting a claim.

The 50 Percent Bar Rule: An Absolute Cutoff

Arkansas Code Section 16-64-122 establishes a modified comparative fault model utilizing a “50 percent bar rule.” Under this statute, an injured individual can recover financial damages from another driver only if their own share of the blame is less than 50 percent.

If a jury or an insurance adjuster determines that a driver is 49 percent or less at fault, the driver is legally entitled to compensation. However, their total payout will be reduced by their specific percentage of liability. For instance, if a driver incurs $100,000 in medical bills and lost wages but is found 20 percent at fault for speeding through an intersection, their final recovery is reduced by 20 percent, resulting in an $80,000 award.

However, a major trap occurs at the 50 percent mark. If a driver is found exactly 50 percent responsible — or higher — they are barred from recovering any damages under state law. A single percentage point can shift a claim from a substantial settlement to zero recovery.

The Insurance Strategy: Shifting the Blame

Because of this rigid cutoff, insurance adjusters have a distinct financial incentive to push an injured person’s perceived level of fault up to or past that 50 percent threshold.

Following an accident on local roads, representatives from the other driver’s insurance provider will frequently call to request a recorded statement. Adjusters may use casual, friendly phrasing to encourage drivers to admit to minor distractions, minor speeding, or late braking.

According to Rees, they aren’t just evaluating the vehicle damage; they are building a case to argue how much one driver’s actions contributed to the wreck. Even if the other driver committed a clear violation, such as running a red light, the insurer will look for any leverage to argue that the driver who was hit had the last clear chance to avoid the collision, aiming to split the blame evenly and deny the claim entirely.

Actionable Steps to Protect an Accident Claim

To ensure that fault is evaluated accurately and fairly based on physical evidence rather than biased statements, Rees advises local motorists to follow specific protocols immediately following a collision:

• Insist on a Law Enforcement Report: Always contact the Jonesboro Police Department or the Craighead County Sheriff’s Office to document the scene. An official, objective crash report provides a vital baseline for liability.
• Document the Physical Scene: Take comprehensive photos of vehicle positioning, skid marks, traffic signals, and any obstructions to visibility before the vehicles are moved.
• Seek Immediate Medical Evaluation: Adrenaline can mask symptoms. Seeking professional medical care right away establishes a clear timeline that links injuries directly to their impact.
• Limit Communication with Outside Adjusters: Refrain from signing authorizations or providing recorded accounts of the event until consulting with an experienced legal advocate.

Since 1995, Rees Law Firm has focused on providing direct, transparent legal representation for personal injury victims throughout Northeast Arkansas, working to ensure local families are treated fairly by major insurance entities.

Residents who have questions about an auto accident, comparative fault, or an active insurance dispute can contact the Rees Law Firm team at 870-521-1581 or visit their Jonesboro offices at 2110 E. Matthews Ave.