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Is A Compensation Claim Eligible If Not Wearing A Seatbelt?

by | Aug 23, 2021 | Car Accidents, Insurance Companies, Personal Injury, Uncategorized | 0 comments

No matter how much one argues, statistics proved that seat belts save lives. Some people choose not to wear it and some people forget to wear it. Especially during short trips, people don’t wear their seatblets as they do not expect to be involved in a serious car accident. But accidents can happen at any time and anywhere, and the chances of sustaining injuries from a car accident are higher if not wearing a seatbelt.

This issue can become complex and should be discussed with a licensed pacific attorney group. Their personal injury team is prepared to handle such complex cases and look for the compensation options available for you.

What Is The Seatbelt Defense?

It is a legal defense in a civil lawsuit that the defendant may use. It is used as evidence of the victim’s negligence, and this argument is therefore often used to reduce the compensation award of the victim. This defense is helpful by the belief that the severity of accident injuries is contributed by the victim him/herself by not wearing seatbelts.

What Is Comparative Fault?

It is a way to assign the liability between multiple parties when the negligent party contributed to the damages. If both the defendant and victim contributed to the accident, then the compensation amount would be reduced at an amount considered to be equal to the degree of his or her fault. 

For example, if the victim suffered the damage of $10, 000, and her fault is proved to be 30% in the accident, then the monetary recovery of the victim would be reduced to $7, 000.

What is Mitigation?

As per the civil law rules, it is the legal requirement of the victim to have used any sort of reasonable effort to reduce or avoid damages. Some states follow this in cases when victims do not wear seatbelts. The base of this concept is that the damages of the victim would not be this severe if he or she had worn the seatbelt.

However, for applying this legal practice, there are some practical issues when it comes to the cases of unused seatbelts. For example, the fact that the victim had little to no prepatory notice that an accident was going to happen. Therefore, It is arguable that the lack of seatbelts before the accident is not relevant.

Seatbelt Laws

Here are some seatbelt laws common in the American States:

  • Drivers of all ages should wear seatbelts
  • Children from age 8-17 must wear a seatbelt in the vehicle.
  • Children under age 8 must be restricted in the booster seat or child-appropriate device that is suitable for them based on their weight and age.

Violating such laws can result in the requirement to pay a fine or to recieve a ticket.

Contact Experienced Car Accident Injury Lawyer

If you or someone you love got injured in a car accident and worry that the an insurance company will try to use your lack of seatbelt against you, then you’re probably wondering if you are still eligible for the compensation or not.

An experienced car accident injury attorney understands the seatbelt defense and how it will minimize the damages of the accident victim. It can feel scary to be in such a place that you feel it necessary to contact a lawyer, but the right team of lawyers will work gently with you to make sure that you are taken care of the way that you deserve. 

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