Arkansas · Comparative Negligence

Arkansas Comparative Negligence Rule

Arkansas follows a modified 50% bar rule under Ark. Code Ann. § 16-64-122. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Arkansas

Rule type: Modified 50% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Arkansas

Modified comparative fault with a 50% bar; the claimant recovers only if fault is less than 50% of the total. At exactly 50% the claimant is barred.

Related: Arkansas statute of limitations

Arkansas gives you 3 years to file a personal injury lawsuit under Ark. Code Ann. § 16-56-105.

See the full Arkansas statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Arkansas attorney before relying on it.

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Arkansas Comparative Negligence FAQ

What comparative negligence rule does Arkansas follow?

Arkansas follows a modified 50% bar rule under Ark. Code Ann. § 16-64-122. Claimant barred when fault reaches 50% or more. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Arkansas?

Yes, up to a point. In Arkansas you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Arkansas?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Arkansas bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Arkansas?

Arkansas gives you 3 years to file a personal injury lawsuit under Ark. Code Ann. § 16-56-105.

Where can I read the actual rule?

The controlling authority is Ark. Code Ann. § 16-64-122. The full text is available at https://law.justia.com/codes/arkansas/title-16/subtitle-5/chapter-64/section-16-64-122/.

See comparative negligence rules for all 51 covered states

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