Car Accident Claims in Arkansas

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.

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.

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.

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.