When it comes to road incidents, two terms are often used interchangeably: accident and collision. However, these terms carry different implications. An ‘accident’ suggests an unforeseen event that occurs without anyone’s fault or a situation that is beyond control. On the other hand, a ‘collision’ implies that one vehicle came into contact with another due to a certain action, suggesting that there’s a liable party involved. Understanding this difference is crucial, especially when dealing with matters of accident liability.
The importance of distinguishing between an accident and a collision becomes more pronounced when there is a question of accident liability. Accident liability refers to the legal responsibility for the damages resulting from a road incident. If a collision occurs, determining who is at fault is a critical step in the process of claiming compensation.
Why is Liability Important in Arkansas?
In Arkansas, like many other states, the law follows the doctrine of ‘fault’, meaning the person responsible for causing the accident is also responsible for compensating any damage or injury that results. Therefore, understanding whether your incident was an ‘accident’ or a ‘collision’ can significantly impact the outcome of your claim.
What Determines Accident Liability in Arkansas?
Several factors contribute to determining accident liability in Arkansas. These include the violation of traffic laws, reckless driving, distracted driving, and driving under the influence. If it is proven that a driver’s negligence or unlawful action led to the collision, they would most likely be held liable.
What if Both Parties are at Fault?
Arkansas follows a modified comparative fault rule. This means that if you are partially at fault for the accident, your compensation might be reduced proportionally. However, if you are found to be 50% or more at fault, you may not receive any compensation.
How Can I Prove the Other Driver’s Fault?
Proving the other driver’s fault often requires strong evidence, such as eyewitness testimonies, police reports, and photos or videos from the scene. An experienced attorney can help gather this evidence and build a convincing case on your behalf.
What if the At-Fault Driver Doesn’t Have Insurance?
If the at-fault driver doesn’t have insurance, you may have to turn to your own insurance company to cover your damages under the uninsured motorist coverage. However, this depends on the specifics of your policy.
Understanding the difference between an accident and a collision and its implications on accident liability is crucial when seeking compensation for damages. If you or a loved one is involved in a road incident in Arkansas, it’s important to consult with a knowledgeable attorney to navigate the complexities of accident liability.
At Marcus Vaden Law, we have years of experience in handling accident liability cases and helping our clients get the compensation they deserve. Our dedicated team will work tirelessly to investigate your case, determine liability, and fight for your rights.
Don’t let the confusion between accident and collision stand in the way of your claim. Contact Marcus Vaden Law today and let us help you understand your situation better.