Can You Claim if You Weren’t Wearing a Seatbelt? Answers Inside
Statistics state that every American will eventually be involved in an auto accident at one point in their lives. Seatbelts as well as airbags can lessen the impact of an accident, and may very well save you from suffering severe head injuries leading to traumatic brain injury, or being thrown out of the car and suffering multiple broken bones. Even the best of us sometimes forget to wear our seatbelts, or take them off when on long journeys due to the discomfort experienced when wearing one. A common question we get from prospective clients is “will I still be able to claim compensation if I wasn’t wearing a seatbelt at the time of my accident?” We will unpack the legal implications of this action in this post, as well as whether or not you’ll be able to claim compensation for a car crash accident lawsuit.
Are you looking for the best car and truck accident attorneys? McCready Law handles a variety of cases that involve auto accidents, from truck accidents, to pileups, to distracted and drunk driving cases all over the country. What makes us special is the fact that we combine our over 75 years of experience and a friendly legal process which treats every client as family. We also help injured individuals get the best medical care by referring to excellent specialists so their injuries can be documented in an objective manner for the purposes of compensation. In addition, we work on a contingency fee basis, so we take on your case at NO COST and only charge you WHEN we win the case on your behalf. Please call our best accident attorneys NOW at (773) 322-1673 to learn more about your legal options for compensation. The call is free, and confidential.
Seatbelt Law and Car Accidents
Seatbelts are a standard safety feature when it comes to American cars, and wearing them is a federal law requirement. However, it wasn’t always like this, and cars prior to 1968 did not have seatbelts, nor were they mandatory in automobiles. Seatbelts can dramatically reduce injuries by helping the body stay in one position during a crash, and they can prevent car ejections which almost always end up in a fatality.
Can I Still Sue If I Wasn’t Wearing a Seatbelt?
It is important to understand that the concept of negligence exists whether or not you were wearing a seatbelt. That is to say, a negligent motorist cannot get off scot free when it comes to liability just because you weren’t wearing a seatbelt. If you think about it, wearing a seatbelt does not excuse nor prevent negligence on our roads. With this line of reasoning, it is still within your legal rights to file an auto accident lawsuit whether or not you were wearing a seatbelt.
That being said, some states employ what’s called comparative negligence where the value of your car accident legal claim may be reduced according to the degree to which you caused your injuries due to your own negligence, which is, in this case, failure to wear a seatbelt.
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Confused and need more clarity? Whether or not you wore a seatbelt, we’d love to chat with you. Please give us a call TODAY at (773) 322-1673 to learn more about your legal options for compensation. Thanks, and we look forward to hearing from you.