Woman buckling seatbelt before accident to avoid not wearing a seatbelt

How Not Wearing a Seatbelt Affects a Personal Injury Claim

It’s a known fact that seatbelts increase your safety when riding in the car, but what happens when an accident occurs, and you don’t have yours on? Just how important is a the fact that you were not wearing a seatbelt during a claim? Unquestionably, more important than most give it correct.

With accident claims, whether or not you were wearing your seatbelt will come into play. If you were found not wearing your seatbelt, it could significantly impact your compensation, even if you weren’t at fault. Reach out to Ross Moore Law, if you need assistance following your accident. We’re here to help!

Seatbelt Safety 101

Wearing a seatbelt greatly decreases the risk of fatal and moderate-to-critical injuries in a car accident. Seatbelts can also significantly decrease your risk of being ejected in a severe accident.

It’s important to know the proper way to wear a seatbelt to ensure your safety. The shoulder strap should be pulled tight yet comfortable across your shoulder and chest. The lap belt should be pulled snug across your hips and fastened tightly. Do not wear the shoulder strap under your arm or behind your back, as this can increase your risk of injury. 

How Can Not Wearing a Seatbelt Hurts Your Case? You May Get Less Compensation

Just how importance is your seatbelt in a personal injury claim, it’s a matter of getting all your money or not.

You could possibly get way less than you hope in an accident claim when the court learns you failed to follow the law. In general, the insurance company will do all they can to avoid paying you the max, but you give them valid grounds when they present that you didn’t follow proper traffic laws.

Indeed, while you may not receive full compensation, there is still potential to recover damages for your claim.

Furthermore, not only is failing to wear a seatbelt against the law, but it can also cause more severe injuries that could have been avoided with a properly worn seatbelt.

Just because you weren’t wearing a seatbelt doesn’t mean you can’t file a personal injury claim. At the end of the day, you still endured injuries that would not have occurred if the other driver did not hit you. 

While the judge may not grant you the fullest amount of compensation you want, there is still potential for you to be compensated for your claim. We encourage you to reach out to our legal team here at Ross Moore Law to see how we can help.

Understanding the Comparative Negligence Principle: What is it?  

Comparative negligence is defined as a system used by the court to reduce the amount of damages a plaintiff can recover in a negligence-based case. For example, if you, the plaintiff, are considered partially at fault for not wearing a seatbelt, the judge may assign a percentage of the fault to you, leading to a lower compensation. 

 It is up to the judge or the jury to determine the comparative negligence in your case, based on the circumstances of the accident

Contact Ross Moore Law Today! 

Looking for a local personal injury attorney to handle your case? Our team at Ross Moore Law is eager to put our experience to work for you. Call us today or book a free consultation online! 

Conveniently located in the heart of Atlanta, GA, we are proud to serve clients throughout the surrounding areas of Athens, Alpharetta, Peachtree Corners, Marietta and more! In addition to Georgia clients, we welcome Tennessee clients as well! Get in touch today.

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