Determining Fault In An Accident

Driving Without Wearing A Seat Belt: Can You Sue The Wrongdoer After A Collision?

Every motorist should take the necessary safety measures to improve their driving safety. For instance, you and your passengers are supposed to wear seat belts to mitigate the effects of a potential road accident. Failing to do this exposes you to the risk of sustaining severe injuries or losing your life in a car crash. In addition, some laws limit accident victims from getting compensation if they hadn't employed the required safety measures at the time of the collision. Though such a case is complex, a personal accident attorney can help you navigate it. Here's what you need to know about these claims.

You Can Sue the Wrongdoer

You have a right to take legal action against the person who caused the collision, even if you were not wearing a seat belt. However, you might experience a heated court battle. Of course, the wrongdoer will argue that you sustained the injuries because you didn't protect yourself. Having a car accident attorney by your side shields you against such allegations.

Your attorney will investigate the crash and determine its cause. Their evidence will prove that a seat belt could not have averted the accident since it was bound to happen due to the negligence of the at-fault party. 

You Might Get Less Compensation than Expected

The judge will consider several factors when deciding the settlement to offer you. For instance, they will evaluate your contribution to the collision because it will determine the payment you will get. Most states' comparative laws indicate that complainants in car accident claims should get less compensation if they played any part in the collision. Some states even bar parties that are more than 50 percent at fault from getting compensation. Therefore, your payment will depend on where the crash happened and your contribution. Legal help is necessary when determining fault percentage to ensure you only pay for your mistakes.

You Might Get Several Payments

Your legal advisor will table evidence to demonstrate the severity of your injuries and how they have impacted your life. Then, the judge will evaluate the evidence and award you several payments, including medical expenses, lost wages, and loss of earning potential. You might also get compensation for lost quality of life and vehicle repair or replacement costs.

You are entitled to compensation even if you weren't wearing a seat belt when a collision happened. However, getting a fair payment might be challenging. Therefore, you might want to work with a personal injury law attorney to ensure that the wrongdoer doesn't use the seat belt defense to deny your claim.

Contact a personal injury lawyer to learn more.