What Happens If You Fail to Wear a Seat Belt at The Time of a Car Accident?
- July 30, 2015
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If you have been injured in a car accident while not wearing a seat belt, the compensation you are able to recover may be reduced, even if the car accident was due to the other party’s negligence. This is called seat belt defense. This is a controversial topic in many jurisdictions. Some people argue that it seems to be harsh and unfair; while others say there should be some consequence for violating the law that requires wearing a seat belt.
State Laws Allowing Seat Belt Defense
As the seat belt defense is controversial, many states do not allow the use of seat belt defense. However, those states rely on principles such as contributory negligence and other legal theories to determine the causes of the car accident and the liability for injuries and damages.
In the states that allow seat belt defense, the reduction percentage in the damage claims is usually between 1-15% as seat belt defense is harsh. If the defense is successful in proving that you would not have suffered injuries if you had been wearing the seat belt,, you may not be able to recover damages for your injuries. You might only be able to recover the damages that would have incurred if you had a seat belt on.
Does The Seat Belt Defense Apply to Passengers?
Seat belt defense is not limited to the drivers who claim compensation for car accident injuries. The defense also applies to the passengers who have suffered injuries in the car accident and seek recoveries for their injuries.
Car Accident Attorneys at Rockland Injury Lawyers
If you have been injured in a car accident while not wearing a seat belt, Rockland Injury Lawyers can help you. We have been helping car accident victims for over 50 years. We have experience in dealing with court proceedings and insurance agencies. We will work hard to claim maximum compensation for your damages.
Please contact our office by telephone at 845-709-8005 / 800-940-1799 for more information, or to schedule a free consultation.