In New York, drivers and their passengers are required under the law to wear a seat belt. When a car accident occurs, one of the questions commonly asked by unbelted injury victims is whether they can still take legal action against the driver who hit them or whether the fact that they were not buckled prevents them from pursuing a claim. Fortunately, the act of not wearing a seatbelt does not automatically exclude you from seeking compensation for your injuries after a car accident. However, it can impact the outcome of your claim. Please continue reading to learn what happens if you weren’t wearing a seat belt at the time of an accident and why connecting with a New York City Car Accident Lawyer is in your best interest.
What Are the Effects of Not Wearing a Seat Belt?
When an individual fails to wear a seat belt during a collision, the physical damage inflicted is often much more signficant than that of a restrained occupant, even in minor fender benders. Without the restraining force of a seat belt, vehicle occupants will experience the full impact of the collision, which may result in colliding with the vehicle’s interior or ejection from the car, leading to catastrophic injuries. As such, the defendant will likely seize upon this fact in settlement negotiations and at trial. They will claim that you would not have been injured, or that your injuries would be less severe if you had been wearing a seat belt to minimize the amount you can recover for your damages. Keep in mind that, if the defendant claims that your damages would have been less severe if you had been wearing a seat belt, they would need to present evidence as to exactly how a seat belt would have prevented you from being injured so severely.
Does Not Wearing a Seat Belt Affect a Car Accident Claim?
Despite the critical importance of wearing a seat belt, not being buckled doesn’t necessarily make you entirely accountable for your injuries. However, it could influence your degree of responsibility. It’s important to note that the success of your claim largely hinges on your ability to prove the other driver’s negligence. New York’s comparative negligence law applies to determining who is responsible for an incident. Under this legal doctrine, victims’ damages can be reduced by their liability. Essentially, the higher your percentage of fault, the lower the amount you can recover for your losses. The amount you can recover will be reduced by your percentage of blame for the injuries related to not wearing a seat belt.
Should I Consult a Lawyer?
As you can see, failing to buckle up in accordance with New York’s seat belt laws could negatively impact your right to recover compensation after a car accident. The insurance company or that of the other motorist may use this as a reason to avoid liability for your damages. That’s why it’s in your best interest to contact a determined lawyer from The Bàez Legal Group, who can help you fight for the full and fair compensation to which you are entitled. Connect with our firm to schedule a consultation to discuss your case.
