Pedestrian Accident Claims in Arkansas
When drivers in Arkansas must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: 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… Ark. Code Ann. §§ 27-51-1202, 27-51-1204
| Pedestrian right-of-way | 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. Crossing elsewhere: https://codes.findlaw.com/ar/title-27-transportation/ar-code-sect-27-51-1204/ . Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
|---|---|
| Fault rule (comparative negligence) | 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. Read on a FindLaw mirror of the Arkansas Code. Source: Ark. Code Ann. § 16-64-122 |
| Minimum car insurance | 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. Read on a FindLaw mirror of the Arkansas Code. |
| Deadline to sue for an injury | 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." Read on a FindLaw mirror of the Arkansas Code (Arkansas's official code is published through a commercial vendor). Source: Ark. Code Ann. § 16-56-105 |
More Arkansas personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Arkansas
- Wrongful Death Lawsuits in Arkansas
- Medical Malpractice Rules in Arkansas
- Car Accident Claims in Arkansas
- Dog Bite Liability in Arkansas
- Motorcycle Accident Claims in Arkansas
- Bicycle Accident Claims in Arkansas
- Uber and Lyft Accident Claims in Arkansas
- Construction Site Injuries in Arkansas
- All Arkansas personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in Arkansas?
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.
Can you recover damages if you were partly at fault in Arkansas?
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.
What is the minimum car insurance required in Arkansas?
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.
What is the statute of limitations for personal injury in Arkansas?
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."
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.