Will Your Seatbelt Impact Your Personal Injury Case?
Posted on: 8 December 2018
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You might already know that seat belts save lives, but you might not realize the impact they have on terrible accidents. Seat belts are used more often today than they have been in the past, meaning they are associated with fewer accident fatalities than in the past. This is likely thanks to advertising campaigns discussing the significance of wearing seat belts and state laws requiring their use.
If you've already been in an accident and are pursuing a legal claim in court, you might be wondering if not wearing your seat belt will impact your case.
The truth? It can.
The Consequences Of Not Wearing A Seat Belt On Your Personal Injury Case
In some states, not wearing your seat belt may very well be enough to attribute fault of the injuries to the individual who was not abiding by this law. In some cases, the judge or jury will determine that the person not wearing the seat belt is only partially at fault for the injuries.
The court will consider that even if the cause of the accident was the other driver's negligence, you did not mitigate your damages by taking safety precautions. As a result, you may be deemed responsible to cover some of your damages. Perhaps some of your injuries would not have occurred if you were wearing your seat belt, for instance.
The case will become especially difficult to manage when you have an insurance company involved. Insurance companies are all about the bottom dollar, even if that means finding partial fault for an accident another person caused.
In sum, each case is determined on its own merits. There is no specific answer regarding who is to blame for your accident without any additional information. Your personal injury attorney will look over the information and give you his or her best estimate.
Seek Legal Advice
Keep in mind that it is illegal not to buckle up, and it is smart to do so. Studies show that wearing your seat belt reduces your potential for injury and the risk of death in an auto accident. You are better off wearing your seat belt in the event that you need to make a personal injury claim as well.
Ensure that you seek legal advice from a strong personal injury attorney. Your goal is to seek the best possible claim for your personal injury case. Call a personal injury attorney today to learn more about the case ahead of you. Attorneys such as Carl L. Britt, Jr. can help.