Can I Recover Damages if I Was Not Wearing a Seatbelt at the Time of a Car Accident?

A few states will accept a seat belt defense made to restrict damages offered in a vehicle accident claim. Because of this in case you are injured in a car accident while not wearing a seat belt, your recoverable damages can be reduced, despite the fact that the auto accident attorney  was absolutely the alternative party’s fault.

Damages decreased by way of a Seat Belt defense

The seat belt protection can also observe to damages sought via either the driver or the passengers. This protection is associated with for figuring out whose fault the harm became during the lawsuit. As an example, in case you are rear-ended and your head hits the windshield, the fault for this type of accident could commonly be located completely on the celebration that rear-ended you. But, if it is observed that you were now not wearing your seatbelt at the time of the coincidence, the auto accident attorney will take this into consideration when figuring out the overall damages. The result is often a reduction in recovered damages.

Seat Belt defense to a car accident claim

Due to the fact the seat belt protection is controversial, a majority of states do now not permit the use of the seat belt defense. While these states still use the seatbelt legal guidelines, comparative negligence, and different felony ways to decide the reason of the coincidence while determining legal responsibility for accidents and damages, maximum of those states prohibit the introduction of proof pointing to non-use of a seat belt. However, 16 out of the fifty states do allow the seat belt defense. Within those sixteen states, the burden given to the seat belt defense to a car accident attorney claim varies. Due to the fact the seat belt protection can on occasion look like harsh punishment for an harmless victim of an incident, many states limit the whole quantity of fault that can be attributed to the plaintiff with the aid of a sure percent, usually among 1% – 15%.

Seat Belt Defense Not a valid Claim

A few states that put in force the seat belt defense do not set attributable fault limits, and simplest permit the plaintiff to recover for the personal injury they could have incurred had they had their seat belt on. For example, consider you’re rear-ended and your face hits the window, breaking your nostril. In case you did no longer have your seatbelt on at the time of the accident, the protection will strive to expose that had you had your seat belt on, your face might have no longer hit the window, and you’ll no longer have damaged your nostril. If they’re a success in displaying this, you will no longer get better damages to your broken nose.

Getting legal assist with the Seat Belt protection

If you were concerned in a car accident of fate wherein any of the events have been now not sporting their seat belts, you should contact an auto accident lawyer to decide the laws for your state, and whether or no longer your nation permits using the seat belt protection. To keep away from the problem absolutely, always wear your seat belt. Car injuries may be painful and expensive, and now not sporting a seat belt will increase your risk of personal injury in an accident and can also decrease your recoverable damages.

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