This form is a sample answer and defenses filed by the defendant in a personal injury action.
Arkansas Answer and Defenses - Motor Vehicle Accident - Long
State:
Multi-State
Control #:
US-PI-0318
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Word;
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FAQ
Arkansas law requires that a report is made to the police or the Department of Motor Vehicles if the crash results in death, injury, or property damage worth more than $1,000. If it's death or injury, the crash must be reported immediately. If it's property damage, a report must be made within 30 days.
The average car accident settlement for a moderate injury claim in Arkansas is $39,090. Average payouts range from $6,720 for minor injuries to $827,000 for severe injuries.
This report must be filed within thirty (30) days of the accident. (1) If a driver or TNC driver is physically incapable of making a report, the owner shall report within 5 days.
Arkansas is an ?at fault? state. This means that the person responsible for the accident is also responsible for the damages they have caused.
Duty to give information, remain at the scene of an accident, and render aid.
Juries typically rule these cases against the rear driver unless the driver in front did something out of the ordinary to take a share of the blame. Even though the odds are usually stacked against the rear driver, the rear driver may be able to claim the front driver slammed on the brakes or backed into them.
The best rule is to count the period of limitations from the earliest possible date, which would be the date of the motor vehicle collision. In a motor vehicle accident where there was an injury or property damage, the date of the accident is the start of the three years for a negligence claim.
No?instead, Arkansas follows a modified comparative negligence doctrine, making it an at-fault or tort state. This means that a plaintiff may recover damages from the defendant as long as the plaintiff's share of fault is less than 50%. However, the plaintiff's damages are reduced by their percentage of fault.