How not wearing a seatbelt can impact your claim

Not wearing a seatbelt at the time of your motor vehicle accident can indeed impact your claim. Here’s how it might affect you:

1. Comparative Negligence: In many jurisdictions, not wearing a seatbelt can be considered contributory or comparative negligence. This means that while you can still file a claim, your compensation might be reduced based on the extent to which not wearing a seatbelt contributed to your injuries12.

2. Seatbelt Defense: Insurance companies or the defendant might use the “seatbelt defense,” arguing that your injuries were more severe because you weren’t wearing a seatbelt. This could potentially reduce the amount of compensation you receive13.

3. Legal Requirements: In some places, not wearing a seatbelt is a violation of traffic laws, which can further complicate your claim2.

To address these issues and show whether wearing a seatbelt would have minimized your damages, you might consider the following steps:

• Medical Expert Testimony: Obtain a medical expert’s opinion on how your injuries might have differed if you had been wearing a seatbelt.

• Accident Reconstruction: Hire an accident reconstruction expert to analyze the crash and provide insights into how seatbelt usage could have impacted the outcome.

• Legal Advice: Consult with a personal injury attorney who can help you navigate these complexities and build a strong case.

When you choose Porcelli D’Angela LLP, you are choosing unparalleled expertise, dedication, and personalized service.  What stands out is our years of experience which has established a proven track record of success, a deep understanding of the legal landscape, and a commitment to client satisfaction.  With our team of skilled legal professionals who specialize in personal injury law, Porcelli D’Angela LLP offers clients a wealth of knowledge, strategic thinking, and a relentless pursuit of justice, ensuing their legal matters are handled with the highest level of professionalism.

Call us at 647-490-944 for a free, no hassle consultation.  At Porcelli D’Angela LLP, you do not pay unless you recover money.

Disclaimer: The explanations and information provided here are for general informational purposes only and are not intended to be legal advice. Always consult with a qualified lawyer or legal professional for advice specific to your situation.