Arkansas Truck Accident Lawyer Guide: Laws, Deadlines and Rights

Arkansas sits at the crossroads of Interstates 40, 30, 55 and 49, and I-40 between Little Rock and Memphis is one of the busiest truck corridors in the country. The state is also home to several large trucking companies. When a commercial truck is involved in a crash, Arkansas's fault cutoff and liability rules can decide the outcome. This guide explains the laws that matter most after a truck crash in Arkansas, the evidence to protect and how to choose an Arkansas truck accident lawyer. We do not recommend or rank any firm.

Arkansas truck accident laws at a glance

• Filing deadline: three years for personal injury under Ark. Code § 16-56-105, and three years for wrongful death under § 16-62-102.
• Fault rule: modified comparative fault under § 16-64-122. You are barred if your fault is equal to or greater than the fault of the defendants (50% or more).
• Liability among defendants: several liability. Each defendant is generally responsible for its own percentage of fault, with limited rules for reallocating an uncollectible share.
• Damages: Arkansas does not cap compensatory damages in ordinary injury cases, and its courts have struck down statutory damage caps under the Arkansas Constitution. Punitive damages require clear and convincing evidence of malice or conscious disregard. Confirm current law with an attorney.
• Insurance system: at-fault, not no-fault. Minimum liability limits for ordinary vehicles are $25,000 per person, $50,000 per accident and $25,000 for property damage.
• Government defendants: claims against the State or local government follow special, often shorter, rules.

The 50% rule: the line that decides many cases

Under Arkansas law, if a jury decides you were 49% responsible, you can still recover 51% of your damages. At 50%, you recover nothing. Trucking companies and insurers know this, and they may argue that you were speeding, changed lanes, braked late or were distracted. A single percentage point can be the difference between full recovery of the remaining share and nothing. That is why scene photos, video, the truck's electronic data and witness statements are so valuable in Arkansas.

Several liability: why every responsible party matters

Arkansas has largely replaced joint and several liability with several liability. A jury assigns a percentage of fault to each party, and each defendant pays its own percentage. In a truck crash, that means identifying the driver, the carrier, the cargo loader, the maintenance contractor and any other contributor can affect how much is ultimately collectible. When the driver is an employee acting within the scope of the job, the carrier is also generally responsible for the driver's share.

Truck crashes in Arkansas: the context

I-40 carries a very high share of truck traffic. The Arkansas Department of Transportation has described it as one of the busiest truck corridors in the country, and Arkansas State Police have said that roughly half of the vehicles on busy stretches between Little Rock and Memphis are commercial trucks. The state's wide mix of rural highways, river crossings and weather can add risk. Nationally, NHTSA counted 5,340 deaths in large-truck crashes in 2024, and about 70% of those killed were in other vehicles. For the latest Arkansas figures, check ARDOT and the Arkansas State Police.

Who may be responsible for an Arkansas truck crash

• The truck driver, for speeding, distraction, fatigue or impairment.
• The motor carrier, for the employee's actions and for negligent hiring, training, dispatch or maintenance.
• A cargo loader or shipper, if freight was overloaded or unsecured.
• A repair shop or parts maker, if brakes, tires or other equipment failed.
• A government body, in some cases involving road design, signage or maintenance, subject to special rules.

Insurance in an Arkansas truck crash

Arkansas's minimum limits for ordinary vehicles are far below the cost of a serious truck injury. Under federal rules, interstate carriers hauling general freight must carry at least $750,000 in liability coverage, with higher minimums for some hazardous cargo. Many carriers carry more. Your own uninsured and underinsured motorist coverage may also apply depending on your policy.

Evidence that matters in an Arkansas truck case

• The crash report from the investigating agency, often the Arkansas State Police, a county sheriff or city police
• Photos and video of the scene, the truck, its markings and the USDOT number
• Driver logs and electronic logging data. Hours-of-service rules apply, and carriers generally keep logs for only six months.
• Dash camera footage, engine data and maintenance records
• Witness names and contact information
• Medical records and bills from the first day

You can look up the carrier's inspection and crash history in the FMCSA SAFER system. Ask a lawyer about sending a written preservation request to the carrier quickly.

What compensation may include

• Medical expenses, past and future
• Lost income and reduced earning capacity
• Pain and suffering and loss of enjoyment of life
• Property damage
• In a fatal crash, funeral costs and wrongful death damages for eligible family members

No one can promise a result. The outcome depends on your injuries, the evidence, the insurance available and your share of fault.

Steps to take after a truck crash in Arkansas

1. Call 911 and get medical care, even if you feel fine.
2. Photograph the scene, the truck and its USDOT number.
3. Do not say you were at fault, and do not guess about speed or distance. Under the 50% rule, every word can be used.
4. Make sure a police report is filed and get the report number.
5. Do not give a recorded statement to the trucking company's insurer without advice.
6. Speak with an Arkansas truck accident lawyer early, before evidence is overwritten.

Choosing an Arkansas truck accident lawyer

Confirm the lawyer is licensed in Arkansas through the Arkansas Supreme Court's attorney licensing office, ask about commercial trucking experience and how they handle the 50% rule, and get the fee agreement in writing. Many injury lawyers work on contingency, so there is no fee unless you recover, but percentages and case costs vary. Read our guide on attorney fees and see our other state guides.

This article is general information and is not legal advice. Laws change, so verify with an Arkansas attorney. We do not endorse any law firm.

Frequently asked questions