AR · Accidents & Injuries

Accidents & Injuries in Arkansas

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Arkansas Law

Arkansas Code Annotated Section 16-56-105

Arkansas sets a three-year statute of limitations for personal injury actions. An injured person generally must file a civil lawsuit within three years of the date of the injury or accident.

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Procedural Details in Arkansas

Arkansas uses a modified comparative fault system under Arkansas Code Annotated Section 16-64-122. Under this 50% bar rule, a plaintiff who is 50% or less at fault may recover damages, but their recovery is reduced by their percentage of fault. If the plaintiff is more than 50% at fault, they are barred from recovery entirely. Arkansas is a traditional tort (at-fault) auto insurance state. Government entity claims require a timely notice of claim under ARS 21-9-301, generally within one year. Arkansas does not impose general statutory caps on compensatory damages for most personal injury claims, but there are punitive damage limitations under ACA 16-55-208.

Arkansas Agencies & Resources

Arkansas Insurance Department

Regulates insurance in Arkansas and handles consumer complaints about accident and auto insurance claims.

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Arkansas Department of Finance and Administration — Office of Motor Vehicle

Manages vehicle registration, titles, and accident-related motor vehicle records in Arkansas.

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Arkansas Bar Association — Lawyer Referral Service

Connects Arkansas residents with licensed personal injury attorneys.

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Frequently Asked Questions

How long do I have to file an accident lawsuit in Arkansas?

Arkansas Code Annotated Section 16-56-105 provides a three-year statute of limitations for personal injury actions — longer than many states. However, claims against government entities may be subject to a one-year notice requirement under ACA 21-9-301. Always consult a lawyer promptly, as exceptions and discovery rules can affect deadlines.

What is Arkansas's modified comparative fault rule?

Arkansas follows a modified comparative fault system with a 50% bar under ACA 16-64-122. This means if you are 50% or less at fault, you can still recover damages (reduced by your percentage of fault). If you are found more than 50% at fault, you are completely barred from recovering any damages from the other party.

Does Arkansas have damage caps for personal injury cases?

Arkansas does not have a general statutory cap on compensatory damages in personal injury cases. However, punitive damages are capped under ACA 16-55-208 at the greater of $250,000 or three times the compensatory damages, up to certain limits. Medical malpractice cases may have different rules.

Does Arkansas have no-fault auto insurance?

No. Arkansas operates under a traditional tort (fault-based) auto insurance system. The at-fault driver's liability insurance is the primary source of recovery for accident victims. Arkansas does not require personal injury protection (PIP) coverage.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026