Car Accidents and Wrongful Death Claims in Arkansas

Car accidents are among the most devastating events a family can experience, and when those accidents lead to the loss of a loved one, the impact is overwhelming. Beyond the grief and emotional pain, families are often left with pressing legal and financial questions. In Arkansas, the law provides a path for families to pursue justice through a wrongful death claim, ensuring accountability for negligent drivers and offering financial support for those left behind. 

If your family has lost someone in a fatal crash, an experienced Arkansas car accident lawyer can guide you through the complex process of filing a wrongful death claim. At Gates Law Firm, PLLC, our team is dedicated to helping grieving families protect their rights and pursue the compensation they deserve. Do not wait to get the support you need. Call Gates Law Firm today at (501) 779-8091 to schedule your consultation and learn how they can fight for justice on your behalf.

Wrongful Death in an Arkansas Car Accident Context

A wrongful death claim is a civil lawsuit filed when a person’s death results from the wrongful actions of another party. In Arkansas, the legal foundation for these claims is set out in Arkansas Code § 16-62-102, which defines a wrongful death as one “caused by a wrongful act, neglect, or default.”

The principle behind this law is straightforward: if the deceased would have been entitled to file a personal injury lawsuit had they survived, then their family or estate has the right to pursue a wrongful death claim on their behalf.

Negligence in Fatal Car Accidents

In the context of car accidents, the “wrongful act, neglect, or default” most often refers to driver negligence. Negligence is the legal term for failing to exercise the level of ordinary care that a reasonably prudent person would use under similar circumstances. This legal concept translates into the dangerous driving behaviors that frequently make Arkansas roads so deadly, including:

• Driving Under the Influence (DUI): According to the National Highway Traffic Safety Administration (NHTSA), alcohol impairment was a factor in 24% of all fatal crashes in Arkansas in 2022, making it one of the most dangerous forms of negligence on state roads.
• Speeding and Aggressive Driving: Speeding contributed to 22% of Arkansas’s traffic fatalities in 2022. Driving too fast for conditions or ignoring posted limits is a clear violation of a driver’s duty to operate their vehicle safely.
• Distracted Driving: Activities such as texting, talking on the phone, eating, or adjusting in-car controls divert attention from the road, creating a negligent condition that can easily lead to tragedy.
• Reckless Driving: Running red lights, failing to yield, improper lane changes, or even driving the wrong way on a highway are all reckless behaviors that can form the basis of a wrongful death claim.

Civil vs. Criminal Proceedings

It is also important to recognize that a wrongful death lawsuit is a civil action. It is separate from any criminal charges the state may bring against the at-fault driver, such as negligent homicide or manslaughter. The difference lies in both the purpose and the standard of proof:

• In a criminal case, the state must prove the defendant’s guilt beyond a reasonable doubt.
• In a civil wrongful death claim, the family (plaintiff) must only prove liability by a preponderance of the evidence, meaning it is more likely than not that the defendant’s negligence caused the death.

This lower burden of proof means that even if the at-fault driver is acquitted in a criminal trial, the family may still succeed in a wrongful death lawsuit.

The Critical First Steps: Who Can File a Claim and When?

After a fatal accident, two of the most pressing questions for a grieving family are who has the legal right to take action and what deadlines must be met. Arkansas law provides very specific answers to both, and understanding these rules is essential to protecting the family’s right to justice.

Identifying the Proper Plaintiff in Arkansas

Arkansas law clearly sets out who is authorized to bring a wrongful death lawsuit:

• The Personal Representative: The general rule is that a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This individual, also called an executor or administrator, is either named in the deceased’s will or appointed by the probate court to handle the estate’s legal and financial matters.
• Heirs at Law: If no personal representative has been appointed, the lawsuit may be filed directly by the deceased person’s “heirs at law.”However, using this method is very rarely advised as the law is strict. If one heir is not named in the suit, the whole claim could be dismissed.

Arkansas statutes also identify which family members or dependents can benefit from the claim. These include:

• The surviving spouse
• Children
• Parents (father and mother)
• Brothers and sisters
• Individuals who stood in the place of a parent to the deceased (“in loco parentis”)
• Individuals to whom the deceased acted as a parent

This structure ensures that the right people are able to seek justice and compensation for the devastating loss of their loved one.

The Arkansas Statute of Limitations: Correcting Widespread Misinformation

The statute of limitations, or the deadline for filing a wrongful death lawsuit, is one of the strictest rules in the legal system. Missing this deadline, even by a single day, can permanently bar a family from recovering compensation.

For wrongful death claims arising from negligence, such as a car accident, Arkansas Code § 16-62-102(c)(1) sets the statute of limitations at three years from the date of death. It is important to clear up a common point of confusion. Many online resources mistakenly list one or two years as the filing deadline, but these shorter limits apply only in specific situations:

• The one-year rule applies when a lawsuit was originally filed on time but later dismissed without a final judgment (a “nonsuit”). In that case, the plaintiff has one year to refile.
• The two-year deadline applies only to wrongful death cases caused by medical malpractice, not to car accidents or other forms of negligence.

By recognizing the correct three-year rule for fatal car accident cases and understanding where the misinformation comes from, families can avoid the devastating mistake of relying on inaccurate sources. Still, waiting until the end of this window can be dangerous. Evidence can be lost, witnesses’ memories fade, and the ability to build a strong case weakens with time. For these reasons, families should consult an experienced attorney as soon as possible after a tragic accident.

Proving Negligence in a Fatal Car Crash

To succeed in a wrongful death claim, the plaintiff must prove that the at-fault driver was negligent. This is not a matter of opinion but a structured legal argument built on four essential elements, each requiring credible evidence.

The four pillars of negligence are:

Duty of Care: The plaintiff must first establish that the defendant owed the deceased a legal duty of care. On Arkansas roads, this duty is universal. Every driver is legally required to operate their vehicle responsibly, follow traffic laws, maintain safe speeds, and remain attentive.

Breach of Duty: It must then be shown that the defendant breached this duty through specific wrongful acts. Examples include speeding, texting while driving, running a stop sign, or operating a vehicle under the influence.

Causation: The plaintiff must demonstrate a direct link between the defendant’s breach of duty and the fatal accident. The death must have been a foreseeable result of the negligent conduct.

Damages: Finally, the claim must establish that the death resulted in measurable losses. These damages include both economic losses, such as medical expenses and lost income, and non-economic losses, such as pain, suffering, and loss of companionship.

Negligence Element	What Must Be Proven	Typical Evidence or Examples
Duty of Care	The defendant owed a legal obligation to act responsibly toward the deceased.	Traffic laws, driver’s duty, expert testimony.
Breach of Duty	The defendant failed to fulfill that duty.	Speeding records, phone use, police report, eyewitness statements.
Causation	The breach directly caused the fatal crash.	Accident reconstruction, autopsy report, expert analysis.
Damages	The death resulted in measurable losses.	Medical bills, funeral expenses, lost income, emotional distress.

Building the Case with Evidence

An experienced attorney uses a wide range of evidence to prove these four elements and hold the negligent driver accountable. Common sources of proof include:

• Official Reports: Police crash reports often include an officer’s initial assessment of fault, diagrams of the scene, road, and weather conditions, and contact information for witnesses.
• Eyewitness Testimony: Statements from drivers, passengers, or pedestrians provide firsthand accounts of the accident and the at-fault driver’s behavior.
• Visual Evidence: Photos, dashcam footage, business surveillance video, or municipal traffic camera recordings can offer powerful, objective proof.
• Vehicle Data: Event Data Recorders (EDRs), sometimes called “black boxes,” capture information such as speed, braking, and steering inputs in the moments before the collision.
• Expert Testimony: Accident reconstruction specialists can analyze skid marks, vehicle damage, and other physical evidence to explain how the crash occurred and identify fault.
• Cell Phone Records: In cases of suspected distracted driving, phone records may show the driver was texting or on a call at the time of the crash.

Addressing Shared Fault: Arkansas’s Modified Comparative Fault Rule

In some cases, the defense may argue that the deceased was partially responsible for the accident. Arkansas applies a modified comparative fault rule, which has a strict 50 percent threshold.

If the deceased is found 49 percent or less at fault, the family may still recover compensation. However, the total award is reduced by the percentage of fault attributed to the deceased. For instance, if damages are set at $1 million and the deceased is found 20 percent at fault, the family would recover $800,000. If the deceased is found 50 percent or more at fault, the family is barred from recovering any damages.

This rule makes it critical to present strong evidence and carefully address any claims of shared responsibility in order to maximize the family’s recovery.

Arkansas Car Accident Lawyer Joseph Gates

Compensation in Arkansas: The Two Distinct Claims for Damages

When a wrongful death claim is successful, the court orders the defendant to pay financial compensation, known as damages. Arkansas law is distinctive in how it structures these damages, dividing them into two separate categories: the Estate Claim and the Family Claim. Knowing how each works is critical for families, since the law provides compensation not just for the losses suffered by the deceased, but also for the harm suffered by surviving loved ones.

The Estate Claim (Survival Action)

The first category of damages is known as the Estate Claim, or Survival Action. This claim is brought by the personal representative of the deceased person’s estate and focuses on the losses suffered by the deceased from the time of injury until their death. The estate may recover compensation for medical expenses related to the final injury, funeral and burial costs, the deceased’s conscious pain and suffering before death, and the value of lost wages the deceased would have earned over the remainder of their life.

One of the most important protections for families is found in Arkansas Code § 16-62-102(e), which makes clear that money recovered in a wrongful death case is not subject to the debts of the deceased and does not become part of the taxable assets of the estate. This ensures that compensation flows directly to the family rather than being diverted to creditors.

The Family Claim

The second category of damages is known as the Family Claim. These damages are awarded to the statutory beneficiaries, such as the surviving spouse, children, parents, siblings, or others recognized under Arkansas law, to compensate for the personal losses each family member has endured. This includes both economic support that has been lost and intangible harms such as grief, loss of companionship, and emotional suffering.

Importantly, these damages are not divided equally among all beneficiaries. Instead, compensation is allocated based on the specific loss each family member experienced, taking into account factors such as the degree of financial dependence on the deceased and the closeness of their emotional bond.

For wrongful death cases arising from negligence, including fatal car accidents, Arkansas law does not impose a cap on either economic damages, such as medical expenses or lost income, or non-economic damages, such as pain, suffering, and loss of companionship. This legal framework ensures that families have the opportunity to pursue the full value of their loss without being restricted by arbitrary limits.

Taking the Next Step After a Tragic Loss

Losing a loved one in a car accident is a life-altering event that no family should have to face alone. While no amount of compensation can replace what has been lost, a wrongful death claim can provide accountability, financial relief, and the resources needed to move forward. Arkansas law gives families the right to seek justice, but these claims can be complicated and must be handled with care to ensure the best possible outcome.

If your family is grieving the wrongful death of a loved one after a car accident, do not delay in seeking legal guidance. The compassionate team at Gates Law Firm, PLLC is ready to stand by your side, explain your options, and fight for the justice you deserve. Call (501) 779-8091 today to schedule a consultation and take the first step toward protecting your family’s future.