Arkansas Comparative Negligence Laws for Left Turn Intersection Collisions

Left-turn intersection collisions are among the most common and most disputed types of car accidents in Arkansas. If you were hurt in a crash where one driver was turning left, you're probably wondering who's at fault and whether you can still recover money for your injuries. The answer depends heavily on how Arkansas comparative negligence laws work, and getting it wrong could cost you thousands in compensation.

What Does Arkansas Comparative Negligence Actually Mean?

Arkansas follows a modified comparative negligence rule. Under Arkansas Code § 16-64-122, you can recover damages as long as you are less than 50% at fault for the accident. If you're found to be 50% or more responsible, you get nothing.

Here's the key part: your compensation gets reduced by your percentage of fault. So if your damages total $100,000 and you're found 20% at fault, you'd receive $80,000. This rule applies to every car accident case in Arkansas, but it becomes especially important in left-turn intersection collisions because fault is rarely 100% on one driver.

Why Is Fault So Heavily Disputed in Left-Turn Collisions?

The driver making a left turn is often presumed to be at fault because Arkansas traffic law requires left-turning drivers to yield the right-of-way to oncoming traffic. That's the starting point, but it's not the end of the story.

Insurance companies know that the oncoming driver may share blame. Common arguments they raise include:

The oncoming driver was speeding through the intersection
The oncoming driver ran a yellow or red light
The oncoming driver was distracted or not paying attention
The oncoming driver could have avoided the crash but didn't brake in time

Each of these arguments, if supported, can shift a percentage of fault to the other driver. That's why proving the other driver ran a red light or violated a traffic signal can be a turning point in your claim.

How Does Arkansas Law Handle Left-Turn Right-of-Way Rules?

Under Arkansas Code § 27-51-601, a driver turning left must yield to any oncoming vehicle that is close enough to be an immediate hazard. This means the left-turning driver generally carries a heavier burden of fault by default.

But "generally" doesn't mean "always." If the oncoming driver was doing something negligent too like speeding, running a light, or driving while distracted the fault gets split. For example:

Left-turning driver found 70% at fault for failing to yield, oncoming driver found 30% at fault for speeding
Left-turning driver found 40% at fault, oncoming driver found 60% at fault for running a red light

In the second scenario, the left-turning driver could still recover compensation because their fault is below 50%. Understanding these right-of-way violation rules is essential for building a strong claim.

Can I Recover Damages If I Was the One Turning Left?

Yes, you can as long as you're found less than 50% responsible for the crash. Many people assume they have no case because they were the one turning left. That's a mistake.

Suppose you were making a left turn with a green arrow, and the oncoming driver blew through a red light and hit you. In that case, you may carry very little or no fault at all. The traffic signal not the turn is what matters most.

Even without a protected arrow, if the oncoming driver was speeding or not paying attention, you may still fall below the 50% threshold. Traffic camera footage and witness statements often help establish exactly what each driver was doing before impact.

How Is the Fault Percentage Decided in These Cases?

There's no automatic formula. Fault percentages are determined through evidence and, ultimately, by a judge or jury if the case goes to trial. Insurance adjusters make their own assessments during settlement negotiations, but those numbers aren't final.

Evidence that influences fault allocation includes:

Police reports officers often note contributing factors like failure to yield or speed
Traffic camera or dashcam footage video evidence is hard to dispute
Witness testimony intersection witness statements can confirm traffic signal status, vehicle speeds, and driver behavior
Accident reconstruction experts analyze vehicle damage, skid marks, and impact angles to determine how the collision happened
Cell phone records can show if either driver was texting or talking before the crash

The more evidence you have showing the other driver's negligence, the lower your assigned fault percentage and the more money you keep.

What Mistakes Do People Make After a Left-Turn Intersection Crash?

Several common errors can hurt your claim under Arkansas comparative negligence laws:

Admitting fault at the scene. Saying "I'm sorry" or "I didn't see them" can be used against you later. Stick to exchanging information and letting the police document what happened.
Not gathering evidence. If you're able, take photos of the intersection, traffic signals, vehicle positions, and damage. Get names and phone numbers of witnesses.
Giving a recorded statement to the other driver's insurance company. Adjusters are trained to get you to say things that increase your fault percentage. You don't have to provide a recorded statement without legal advice.
Accepting the first settlement offer. Early offers are almost always low, especially when the insurance company is trying to pin most of the fault on you.
Assuming the police report is the final word. Police reports contain errors. Officers sometimes misunderstand the intersection layout or rely on incomplete statements. You can challenge the report's conclusions.

What If the Other Driver's Insurance Company Says I'm More Than 50% at Fault?

This is a common tactic. Insurance companies benefit financially from pushing your fault percentage to 50% or above because that eliminates your claim entirely under Arkansas law.

If you receive a liability determination that you disagree with, don't accept it as final. You can push back with additional evidence. Getting help from an attorney who understands how to prove intersection fault can make a significant difference in the outcome.

Practical Steps to Protect Your Left-Turn Collision Claim in Arkansas

Get medical treatment immediately. Delaying care gives the insurance company room to argue your injuries aren't serious or weren't caused by the crash.
Request the police report and review it carefully for accuracy.
Preserve all evidence photos, videos, dashcam footage, medical records, and witness contact information.
Don't post about the accident on social media. Anything you share publicly can be used to undermine your claim.
Track your damages. Keep records of medical bills, lost wages, vehicle repair costs, and any out-of-pocket expenses related to the crash.
Understand Arkansas's statute of limitations. You generally have three years from the date of the accident to file a personal injury lawsuit in Arkansas.
Consult with a local attorney before speaking with insurance adjusters. A lawyer experienced with Arkansas intersection accident claims can protect you from tactics designed to inflate your fault percentage.

For more information on Arkansas traffic laws and right-of-way rules, you can review the Arkansas State Legislature's official code database.

Quick Checklist: Did You Do These Things After Your Left-Turn Crash?

☐ Sought medical attention within 24 hours of the collision
☐ Filed a police report at the scene or shortly after
☐ Took photos or video of the intersection, vehicles, and traffic signals
☐ Collected witness names and contact information
☐ Avoided giving a recorded statement to the other driver's insurer
☐ Kept all medical bills, receipts, and proof of lost income
☐ Stayed off social media regarding the accident
☐ Spoke with an attorney before accepting any settlement offer

Tip: Fault in left-turn intersection collisions often comes down to seconds and small details. The sooner you start preserving evidence especially traffic camera footage, which may be deleted within days the stronger your position will be when negotiating with insurance companies or presenting your case in court.