In San Diego, if you experience a car accident, then more than feeling distressed, it can get complicated if you do not wear a seat belt. In this situation, a common question is asked: can you sue for damages if you did not wear a seatbelt during the accident? Usually, a car accident lawyer would answer “Yes” to your question. However, you need to keep in mind certain factors that are going to influence the outcome of a lawsuit.
- Legal Right to Sue
You will not get barred from filing a lawsuit for injuries after a car accident, even if you are not wearing a seatbelt. The right to file for compensation depends on the negligence involved and what is the reason behind the accident. If you find the other driver was reckless, or his negligence has led to the collision, you have the right to pursue legal action against them.
- Impact on Compensation
You can file compensation after a car accident and sue the other driver, but the compensation amount can be reduced as you were not wearing a seat belt. There is a comparative negligence law, based on which if you are found partially responsible for your injury, the compassion amount gets reduced proportionally. Usually, the reduction is determined by percentage, and to evaluate the exact amount, consult with a car accident lawyer associated with hhjtrialattorneys.com.
- State-Specific Laws
There is also a variation in personal injury claims from one state to another based-on seat belt use. In some States, you would find that there are “seat belt defense” laws, where the defendant is allowed to argue that the plaintiff’s injuries were increased due to not wearing the seat belt. Under these circumstances, you need to have a thorough knowledge of the state regulations on wearing and not wearing a seat belt.
- Insurance Considerations
When there is a claim evaluation, insurance companies usually investigate seat belt usage. So, if you were not using a seat during the accident, they can argue that your injuries have increased due to your fault. Their primary aim is to reduce the compensation and offer you a low settlement. However, you must understand that at no cost for not wearing a seatbelt, they can eliminate your right to the compensation that you deserve. Thus, for a fair negotiation, you must always seek legal representation.
- Legal Precedents
Usually, when a court addresses any case where the plaintiffs weren’t wearing seat belts, it can lead to various outcomes. Now, based on the contribution to the negligence, the compensation can be reduced based on the rules. In other cases, you might find that it is completely based on the defendant’s action that led to the accident.
Summing it Up
If you get involved in an accident where you were not wearing a seat belt, then the first step is to seek medical attention, document the scene, and consult with an attorney. At any cost, you need to follow the legal procedure. You must also refrain from making any comments, as your statement can influence your compensation.
