Can I Sue For Compensation If I Was Not Wearing A Seat Belt?
Since that time, seat belts have saved innumerable lives and reduced the severity of possible injuries in automobile accidents. If you were hurt in an auto accident while not wearing a seat belt, then you might be asking yourself if you can still file a claim for compensation or file a suit against the back driver motorist?
The brief answer is, yes, you can; however, due to the fact that you weren’t wearing a seat belt, even the court may perceive you as acting negligently, thus contributing to your personal injuries. Ultimately, although you can collect damages, you could receive a smaller sum if you didn’t wear a seat belt in case you would have had .
California Seat Belt Law Applies for Children and Adults
The State of California needs people to use their safety belts in the car whatsoever times, including all of passengers. A child who doesn’t wear a seat belt or who is not put in an age-appropriate child restraint or booster chair can get the driver to receive a ticket and also points against their driver’s license.
What’s the Seat Belt Defense at California?
California is just one of many nations that allows the seat belt protection from personal injury claims. At-fault drivers may claim this protection when battling against an injured party’s claim for compensation. Under this defense, the victim can be found to bear all or some of the cost of their injuries if it was determined that they neglected to wear a seat belt when the accident occurred. The seat belt defense lessens the amount of compensation the victim may recover for harms.
Defendants relying upon the seat belt protection has to show the following:
The plaintiff had seat belts available;
The plaintiff unreasonably failed to utilize the seat belt before the injury;
The plaintiff’s failure to put on the seat belt caused him or her to maintain aggravated injuries or aggravated injuries which would have been less severe using the seat belt.
Many opposed to the seat belt protection claim that it attempts to pass the responsibility for the crash onto the victim, while those who think it is sound policy believe that it encourages the use of seat beltsthat save lives. In the end, if you were hurt in an auto accident in which you didn’t use a seat belt, then your lawyer might need to show that you weren’t responsible for the injuries you suffered.
Obtaining Compensation following a Crash with No Seat belt
Just because your car accident claim might be marginally reduced if you didn’t wear a seat belt doesn’t indicate that it is not worth pursuing. The competent and experienced Bay Area car accident attorneys with The Barnes Firm will know just what information to look for in your injury claim to show that the court that you simply deserve the full value of your claim.
We’ve got years of combined experience fighting for victims’ rights around the nation, and won’t require a charge until we win your case. Speak to us at any time to talk with an attorney close to you to get a totally free consultation.
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The article Can I Recommend For Compensation If I Wasn’t Wearing a Seat Belt? Appeared initially on The Barnes Firm.