In Arkansas, fault is determined by evidence, not competing stories. Even when another driver denies responsibility or changes their version of events, the truth can be uncovered through police reports, physical damage, witness testimony, medical records, and expert analysis. The challenge is making sure that evidence is preserved, developed, and presented correctly.
McMath Woods has spent more than 70 years representing Arkansans in serious injury cases, including those where liability is disputed from the start. We are not a high-volume firm; we take a limited number of cases so we can investigate thoroughly, work directly with our clients, and prepare each case as if it will go to trial.
In this article, we explain why drivers sometimes lie after an accident, how fault is actually determined under Arkansas law, what steps you should take to protect yourself, and how evidence can be used to expose false claims and strengthen your case.
Why Drivers Lie After an Accident
Unfortunately, it’s not uncommon for drivers to change their story after a crash. The reasons are often predictable:
- Avoiding fault or legal consequences
- Protecting insurance premiums
- Fear of liability for serious injuries
- Attempting to shift blame in unclear situations
In practice, those motivations tend to show up in familiar ways:
- A driver may claim you stopped suddenly when they were following too closely
- They may deny running a red light or a stop sign
- Some will say you were speeding, distracted, or failed to yield—even when the physical evidence suggests otherwise
- In more serious cases, a driver may minimize what happened altogether or claim the collision occurred differently than it did
Research from the National Highway Traffic Safety Administration shows that driver behavior is a leading factor in crash events, which often leads to disputes about what actually happened afterward.
When liability is uncertain—or when a driver believes they may be held responsible—the incentive to misrepresent the facts increases.
Evidence That Can Expose the Truth
When a driver lies, their account of events must withstand objective evidence, and often, it doesn’t.
For example:
- Vehicle damage patterns may contradict their account
- Surveillance or dashcam footage may show the collision clearly
- Witness testimony may directly conflict with their initial written statement
- Accident reconstruction can demonstrate how the crash actually occurred
How Liability Is Actually Determined
Arkansas follows a modified comparative fault system, meaning a person can recover damages as long as they are less than 50% at fault for the accident (Arkansas Code § 16-64-122).
To determine fault, investigators and attorneys rely on:
- Police crash reports
- Photographs and video footage
- Eyewitness statements
- Vehicle damage analysis
- Medical documentation
- Accident reconstruction experts
Even when another driver lies, these forms of evidence often tell a clearer, more reliable story.
The Role of Insurance Companies
Insurance companies are not neutral fact-finders. When stories conflict, they may:
- Delay the claim
- Request recorded statements
- Attempt to assign shared fault
- Deny liability altogether
When the at-fault driver is lying, insurers may use that dispute as leverage. That’s where preparation and legal strategy become critical.
What You Should Do If the Other Driver Is Lying
1. Call Law Enforcement Immediately
A police report creates an official, contemporaneous record of the accident. Officers document statements, observations, and sometimes initial fault assessments.
2. Document Everything
Take photos of:
- Vehicle positions
- Damage
- Road conditions
- Traffic signs or signals
If possible, gather contact information from witnesses.
3. Seek Medical Attention
Even if injuries seem minor, documentation matters. The Centers for Disease Control and Prevention notes that symptoms from motor vehicle injuries may not appear immediately (CDC Motor Vehicle Crash Injury Data).
4. Avoid Arguing at the Scene
Disputes at the scene rarely help and can complicate matters. Instead, focus on gathering information.
5. Speak With an Attorney Early
The sooner an attorney becomes involved, the sooner evidence can be preserved and inconsistencies addressed to begin building your case.
The Truth Matters. So Does Who Represents You.
When the at-fault driver is not telling the truth, your case becomes a question of proof, and whether that proof can withstand scrutiny.
McMath Woods has been trying cases and handling complex civil litigation since 1953. Former Arkansas Governor Sidney S. McMath founded the firm alongside Henry Woods, who later became a United States District Judge, and Leland Leatherman. That foundation of public service and courtroom experience continues to shape how the firm approaches disputed cases today.
Our attorneys have handled thousands of claims across Arkansas and beyond, including serious injury, wrongful death, environmental harm, and consumer protection matters. Many of our cases are referred by other lawyers—an acknowledgment of the firm’s reputation for handling challenging, high-stakes litigation where the facts are contested, and the outcome depends on careful preparation.
If you believe the other driver is misrepresenting what happened, it is important to act before key evidence is lost and before their version of events takes hold. Contact McMath Woods to schedule a consultation.
