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What You Need To Know About Your Rights If You Were Hit As A Pedestrian In Benton County, AR

  • By: Bradley Mullins, Esq.
Injured pedestrian being helped after a car accident.

In this article, you will discover:

  • Whether a pedestrian can file an accident claim in Arkansas if they were partially at fault.
  • Compensation a pedestrian can recover in an accident claim.
  • What every pedestrian should know if they’ve been injured in a car accident.

How Does State Law Impact My Pedestrian Accident Claim In Arkansas?

State law sets the rules on who has the right of way and who’s at fault when a collision between a car and a pedestrian occurs. In a pedestrian accident, the rules of the road apply as they do between two vehicles. 

Pedestrians have a legal duty to see, be seen and use crosswalks when they are able. Motorists have a duty of ordinary care to avoid hitting a pedestrian who is legally crossing a road. 

Can I File A Pedestrian Accident Claim If I Was Partially At Fault For The Accident?

Yes, you can file a claim, even if you’re partially at fault. Arkansas follows the rule that you must prove the driver was 51% or more responsible. Even if you’re 49% responsible as a pedestrian for an accident with a car, you still have a right to claim damages. However, the amount of those damages will be reduced by the percentage of negligence attributed to you.

How Do Injured Pedestrians’ Rights Compare To Drivers’ Rights In Arkansas?

In Arkansas, a pedestrian can claim additional benefits of up to $5,000 for medical expenses. These benefits, called Medical Payments coverage (MedPay), are in addition to the liability claim against the at-fault driver. Drivers hit by other drivers don’t have that same right in Arkansas.

What Compensation Can I Recover In A Pedestrian Accident?

In an Arkansas pedestrian accident, you can recover compensation for:

  • Past and future medical bills
  • Lost wages
  • Pain and suffering, and 
  • The “nature, extent and duration of your injuries”

Compensation for the nature, extent and duration of your injuries pays you not only for the pain you suffered but also how your life was limited. For instance, maybe you couldn’t garden for a month after the accident. In that case, the law allows you to recover money for loss of enjoyment of an activity you did before the accident.

What Should I Know As A Pedestrian Accident Victim In Arkansas?

Every pedestrian victim in Arkansas should know about Medical Payments coverage (MedPay) they can use when a negligent driver hits them. That’s coverage a driver can’t use. An experienced car accident attorney can help you investigate whether the negligent driver has that coverage and help you utilize it.

MedPay is separate from your settlement or jury verdict, so it can often be an immediate source of money to pay any out-of-pocket expenses, copays, medicine or any other medical expense you have. If you can’t wait until your case settles, that’s a benefit a car accident lawyer can help you get quickly in a pedestrian case.

Still Have Questions? Ready To Get Started?

For more information on your rights in a Benton County, Arkansas pedestrian accident, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (479) 337-7077 today.