Not every car accident is a dramatic pile-up on the freeway. Many start as everyday situations—a driver rushing through a yellow light, someone glancing at their phone, or a slow roll through a stop sign. But even these familiar moments can raise complicated questions about who’s responsible.
At Miller & Mallett, we’ve spent decades helping Arkansans recover after all types of crashes. Whether you're dealing with a rear-end collision, a T-bone at an intersection, or a multi-vehicle accident on I-30, understanding how fault is determined can make all the difference in protecting your rights and securing fair compensation.
Here are five of the most common car accident scenarios—and what the law typically says about who’s at fault.
#1: Rear-End Collisions
Fault: Usually the rear driver.
In most cases, the driver who hits another car from behind is at fault. Arkansas law requires drivers to maintain a safe following distance and remain alert to changing traffic conditions. If someone slams into your bumper at a red light or in a traffic jam, they may not have been paying attention or following too closely (Arkansas Code § 27-51-104).
Exceptions
The front driver could share fault if they stopped suddenly without reason, pulled in front of the rear driver, or had malfunctioning brake lights.
#2: T-Bone (Side-Impact) Collisions
Fault: Often, the driver who ran a red light or failed to yield.
T-bone accidents usually happen at intersections. If someone blows through a red light or stop sign and slams into the side of another car, they’ll almost always be found at fault for failing to yield the right of way (Arkansas Code § 27-51-301).
Key Evidence
Police reports, traffic camera footage, and eyewitness testimony are critical in these cases, especially if both drivers claim to have had the green light.
#3: Left-Turn Accidents
Fault: Typically the driver making the left turn.
When one car is turning left and another is going straight through an intersection, the driver turning left is usually at fault. Arkansas law requires drivers to yield to oncoming traffic before making a left-hand turn (Arkansas Code § 27-51-502).
Possible Exceptions
If the oncoming driver was speeding, ran a red light, or was driving under the influence, they could be held partially or fully responsible under Arkansas’s modified comparative fault system (Arkansas Code § 16-64-122).
#4: Multi-Vehicle (Chain Reaction) Accidents
Fault: Depends on the sequence and cause.
Defining fault in a pile-up involving three or more vehicles can be complex. Usually, the driver who triggered the chain reaction is at fault. For example, if one driver rear-ends another and pushes them into a third car, the first driver may be liable for all resulting damages.
Investigation Matters
In these cases, having an experienced attorney to gather scene photos, police reports, and witness statements can help untangle liability.
#5: Parking Lot or Backing-Up Collisions
Fault: Usually the moving or reversing vehicle.
If one car is backing out of a parking spot and hits a vehicle passing by, the reversing driver is generally at fault. Drivers have a duty to ensure it’s safe before backing up (Arkansas Code § 27-51-404).
Shared Responsibility
If both cars were reversing and collided, fault may be shared. Arkansas’s comparative fault law allows for partial responsibility, but anyone found 50% or more at fault is barred from recovery.
Why Fault Matters in Arkansas
Arkansas is an at-fault state for car accidents. That means the driver who caused the accident (and their insurance company) is responsible for covering damages like:
- Medical expenses
- Lost income
- Property damage
- Pain and suffering
- Permanent disability
Additionally, under modified comparative negligence, if you’re found to be 49% or less at fault, your compensation is reduced by your percentage of fault. But if you're 50% or more at fault, you cannot recover damages at all.
We’re Here to Help After a Crash
Even in seemingly “clear-cut” accidents, the insurance company may try to shift blame or downplay your injuries. At Miller & Mallett, we’ve been helping Arkansans recover physically and financially for nearly 40 years. From fender-benders to fatal crashes, we handle every case with empathy, skill, and a smile. Visit us in our historic Victorian mansion in downtown or call (501) 374-6300 for a free consultation.
