Imagine being rear-ended at a stoplight, suffering whiplash and emotional distress. The fault is clearly not yours, and you are most likely eligible for compensation through a personal injury claim.
But there is a catch: you were not wearing your seatbelt. How does this seemingly small detail factor into the larger picture of your case?
It can affect your compensation but does not bar you completely
In California, seatbelt use is mandatory for both drivers and passengers. This rule exists for a good reason, as seatbelts increase the chances of survival and minimize injury in a car accident. But what if you fail to buckle up and are later involved in an accident due to someone else’s negligence?
The concept of “comparative negligence” becomes applicable in this situation. This concept means that if you share partial responsibility for your injuries, the court may reduce your compensation. In the context of not wearing a seatbelt, the defense might argue that buckling up would have made your injuries less severe.
For example, suppose the court awards you $100,000 for your injuries. If they determine that not wearing a seatbelt worsens your injuries by 20%, they could reduce your compensation by $20,000. This significant amount could impact your ability to cover medical bills and lost wages.
You may still recover your compensation in full
Do not lose hope yet. The burden of proof in such cases often lies with the defense. They must show that wearing a seatbelt would have prevented or reduced your specific injuries. This is not always easy to prove, especially for certain injuries.
Insurance companies often use the “seatbelt defense” to lower the amount they have to pay. They may pressure you to accept a lower settlement, claiming your lack of seatbelt use justifies it. This is where things can get tricky.
You need someone who understands the law to fight for your maximum compensation. An experienced personal injury attorney can do this for you, regardless of the circumstances.