After being involved in a car accident caused by another driver’s negligence or recklessness, an important consideration is your right to damages. Depending on the details of the accident you may have incurred significant costs and expenses. If you were not wearing a seatbelt at the time of the accident you may wonder whether or not you can recover compensation. Continue reading for more information and work with a San Mateo County, California car accident lawyer for skilled representation during your case.
Can You Recover Compensation if You Were Not Wearing a Seatbelt?
Yes, you can recover compensation after a car accident even if you were not wearing a seatbelt. California law does not prevent an individual from filing a claim or lawsuit because of a failure to obey the seatbelt laws. However, it is important to keep in mind that this negligence on your part can have consequences during the legal process.
What is Comparative Negligence?
California state law operates under the legal doctrine of pure comparative negligence. Pure comparative negligence allows an individual to sue another person for the percentage of damages that can be attributed to them.
This means that in a car accident, if you are partially at fault for the accident or your injuries, the amount of compensation you can receive may be reduced depending on how negligent you are found.
Can Not Wearing a Seatbelt Be Used as a Defense?
Although it will not hinder your ability to pursue compensation after your accident, if you were not wearing a seatbelt it can be used as a defense against you in a claim or lawsuit.
If you were not wearing a seatbelt at the time of the accident, the opposing party will likely use this information as a defense to reduce the amount of compensation that they have to pay you. The other driver will argue that your injuries are only as severe as they are because of your failure to obey the seatbelt laws and that they should not be responsible for paying the entirety of your damages. For example, if a court or insurance company decides you are 20% responsible for the accident or injuries, 20% of your total damages and expenses will be subtracted from the amount of compensation you are entitled to.
For this tactic to work, however, the defense will need to prove that wearing a seatbelt would have made a difference in your injuries. Evidence can come from medical reports, accident reconstruction specialists, and other expert testimony. With help, you may be able to contest this claim. To obtain skilled representation and learn more about your legal rights and options, contact an experienced attorney today at the Law Office of Allister R. Liao, P.C.
