Not Wearing A Seatbelt Might Affect Your Auto Accident Case
by Joan Bradley
Seatbelts save lives and are often required by law. If you are involved in an accident, you might become more injured than you normally would due to the lack of wearing a seatbelt. However, you might wonder if this fact will affect the ability of an auto injury attorney to help you settle.
The Consequences of Not Wearing a Seatbelt
By not wearing a seatbelt, you might suffer much more serious injuries. Regardless of whether the other driver is found to be at fault for the accident or not, you will suffer the pain and loss of mobility that will likely result from a serious accident injury.
Comparative Negligence
The other party might need to pay for the damages you have suffered, but comparative negligence will come into play. This is when both parties are considered partially at fault for the accident.
If the other driver was considered to be fully at fault for the accident, but you weren't wearing a seatbelt, your auto accident injury settlement might end up being lower. In some states, if one party is not wearing a seatbelt, they will not be able to recover any damages for their injuries.
Liability
When you are involved in an auto accident case where you were not wearing a seatbelt, it's important to consult with an auto injury attorney. To maximize your settlement, you will want to prove that the other party was overwhelmingly at fault for the accident.
For example, if you are at a four-way stop sign intersection, the other driver might argue that it was their turn to go. But, with witness testimony and other evidence found at the scene of the accident, your auto injury attorney may be able to cast doubt on this claim.
Don't Accept the Initial Offer
While negotiating a settlement, the insurance provider might make a settlement offer that is much lower than it should be. If this is the case, you might be eager to accept the settlement. However, you're better off seeking the opinion of an auto accident attorney.
Your attorney might be able to uncover other facts that might help you such as the fact that the other driver was speeding or was under the influence of alcohol. In some cases, the judge might wish to make an example of the other party and may award punitive damages if your case eventually goes to trial.
To learn more information, reach out to an auto injury attorney near you.
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About Me
You walk into your favorite grocery store and right away, you slip and fall only to sprain your ankle. You can't perform your job because it requires standing on your feet all day, which means that you can't make any money to support your family while your ankle heals. There was no warning that the floors were wet after being cleaned in the store – so what do you do? It's probably a good idea to think about filing a personal injury lawsuit. Of course, anyone with experience with a personal injury case will tell you just how important it is to work with an attorney throughout the process. I'd like to share insight I've learned through three personal injury cases that I myself have had to go through in the past. I think the information on this website can help people like you, who need some personal injury guidance.