Arkansas Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps

Arkansas's general three-year statute of limitations covers actions "founded on any contract or liability, expressed or implied," and this is the period generally used for negligence-based personal injury claims. The statute itself does not use the words "personal injury."

Actions for taking or injuring goods or personal property (such as a vehicle) and for trespass on land must be filed within three years after the cause of action accrues.

Medical injury claims must be filed within two years after the wrongful act, which is when the claim accrues (not when it is discovered). If a foreign object left in the body could not reasonably have been discovered within two years, the claim may be filed within one year after it was or should have been discovered. If the patient was 9 or younger, the deadline is the later of the child's 11th birthday or two years after the act; if the injury could not reasonably have been discovered before age 11, the claim may be filed within two years after discovery, but no later than the child's 19th birthday.

A wrongful death lawsuit must be filed within three years after the death. If the defendant was convicted of capital murder or first- or second-degree murder, the suit may be filed within the time allowed for bringing a murder charge. If the case is dismissed without prejudice (nonsuit), it may be refiled within one year.

The personal representative of the person who died brings the action; if there is none, the heirs at law bring it. The beneficiaries are the surviving spouse, children, father, mother, brothers and sisters, plus people who stood in the place of a parent to the deceased (or to whom the deceased stood in the place of a parent). The recovery is not subject to the deceased person's debts. The statute also covers the death of an unborn child, with exceptions such as legal abortion and fault of the pregnant woman.

Modified comparative fault (50% bar). An injured person whose fault is less than the fault of the defendant(s) can recover damages reduced by his or her share of fault. A person whose fault is equal to or greater than the defendants' fault recovers nothing. This applies to personal injury, wrongful death and property damage claims based on fault.

Counties, cities, school districts and other political subdivisions are immune from suit for damages except to the extent they are covered by liability insurance, and no tort action lies against them for the acts of their employees. Claims against the State go to the Arkansas State Claims Commission and must be filed within the same time allowed for a lawsuit on the same type of claim.

Drivers must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25). Private passenger auto policies must also provide no-fault benefits paid regardless of fault: medical and hospital expenses up to $5,000 per person, 70% of lost income up to $140 a week for up to 52 weeks, and a $5,000 accidental death benefit.

A driver in a crash causing injury, death, or apparent total property damage of $3,000 or more must notify the nearest law enforcement agency immediately, and everyone involved must make themselves available to the investigating officers. Drivers of taxis, buses and other vehicles carrying passengers for hire must also report injury or death crashes immediately. Failing or refusing to comply is punishable by a $100 to $1,000 fine, and willful refusal leads to license revocation.

Under Arkansas's motor vehicle safety responsibility law, the driver of a registrable vehicle in a crash causing bodily injury, death, or damage to any one person's property in excess of $1,000 must report it to the Office of Driver Services within 30 days, on an electronic or paper form approved by the Secretary of the Department of Finance and Administration, unless an exemption applies. The form asks for information about insurance so the office can decide whether a security deposit is required.

A driver in a crash (on streets, highways, business parking lots, or elsewhere) that causes injury, death, or damage to an attended vehicle or another's personal property must stop at or return to the scene, give name, address and registration number, show a license on request, and give reasonable help to anyone injured, including arranging transport for medical care. If the driver knows police were called, they must stay a reasonable time (at least 30 minutes) unless leaving to help an injured person. In a damage-only crash the driver must move the vehicle off the road unless it is disabled or someone is visibly hurt. For an unattended vehicle, the driver must find the owner or leave a note with contact information and what happened. Leaving an injury crash is a Class D felony; knowingly or recklessly leaving a crash with serious physical injury or death is a Class B felony, with license revocation. Leaving a damage-only crash is a Class B misdemeanor, a Class A misdemeanor if actual damage is $1,000 to under $10,000, or a Class D felony if $10,000 or more.

Claims against a city, county, school district or other local government: Arkansas law declares counties, municipal corporations, school districts and other political subdivisions immune from liability and from suit for damages, except to the extent they are covered by liability insurance, and bars tort actions against them based on the acts of their agents or employees. The section read does not set a notice-of-claim deadline.

Landowners who open land for free recreation: an Arkansas landowner who lets people use the land for recreation without charge does not thereby promise the land is safe, give the user the status of an invitee or licensee, or take on liability for injuries caused by users or by natural or artificial conditions on the land. The protection does not apply to a malicious (not merely negligent) failure to guard or warn against an ultra-hazardous condition, use or activity the owner actually knew was dangerous, or where the owner charges people for recreational use (lease payments from the state or a third person do not count as a charge).

Motorcycle helmets: in Arkansas, operators and passengers of motorcycles, motor-driven cycles and motorized bicycles on public streets and highways must wear protective headgear unless they are 21 or older, and must wear protective glasses, goggles or a transparent face shield. The section does not address damages.

Lane splitting: Arkansas's lane-use statute says that on a roadway divided into two or more clearly marked lanes, a vehicle shall be driven as nearly as practical entirely within a single lane and may not move from the lane until the driver has made sure it is safe. That section does not mention motorcycles or lane splitting by name.

Pedestrian right of way: where traffic signals are absent or not working, drivers must yield (slowing or stopping if needed) to a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection, and may not pass a vehicle stopped at a crosswalk to let a pedestrian cross. A pedestrian crossing anywhere else must yield to all vehicles, and between adjacent intersections with working signals may cross only in a marked crosswalk. Drivers must still use due care to avoid hitting any pedestrian and take extra care around children and confused or incapacitated people.

Passing bicycles: an Arkansas driver overtaking a bicycle going the same direction must use due care, pass on the left at a safe distance of not less than three feet, and not move back to the right until safely clear of the bicycle.

Uber/Lyft insurance: while a transportation network company (TNC) driver is logged on and available but not engaged in a prearranged ride, primary liability coverage of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage is required. While engaged in a prearranged ride, primary liability coverage of at least $1,000,000 for death, bodily injury and property damage is required. The coverage may come from the driver, the TNC or a combination; if the driver's coverage lapses or is insufficient, the TNC's insurance must cover the claim from the first dollar. The section read sets no separate uninsured/underinsured motorist amount.

Construction injuries: under Arkansas's workers' comp law, an injured worker's comp rights are exclusive of all other rights and remedies against the employer, including a prime contractor acting as employer. Filing a comp claim does not stop the worker from suing a third party (such as another contractor or an equipment maker) whose negligence caused the injury, subject to the employer's or insurer's lien.