Very professional, punctual ,kept me in the loop on everything,helped explain and assist in filling out paperwork.
kevin v
6 years ago
There is no doubt that seatbelts have saved thousands of lives, and the safety feature has decreased the severity of injuries suffered by millions of Americans who have been involved in motor vehicle accidents. There is only one state, New Hampshire, that does not have laws that require seatbelt usage. In thirty-two states, there is […]
Accident Claims Attorneys
There is no doubt that seatbelts have saved thousands of lives, and the safety feature has decreased the severity of injuries suffered by millions of Americans who have been involved in motor vehicle accidents. There is only one state, New Hampshire, that does not have laws that require seatbelt usage. In thirty-two states, there is no legal requirement for passengers riding in the backseat to wear seatbelts. Our car accident firm frequently receives questions from accident victims who are curious to know if their failure to use a seatbelt will negatively affect their auto accident injury claim. Whether not wearing a seatbelt during an accident will affect your case or not depends on the jurisdiction where the crash transpired.
Every U.S. state observes different rules when deciding the consequence of seatbelt use and the accident victim’s right to financial recovery. Some states allow the defendant to assert the “seatbelt defense.” This legal defense relies on the legal theory that the victim’s lack of use of a seatbelt contributed to the severity of their accident-related injuries.
Mitigation and comparative negligence are two more legal concepts that may impact injury claims. State law will specify the exact interplay of these theories and the “seatbelt defense.” In U.S. states that follow the “comparative fault theory,” the court could reduce the amount of compensation that an injury victim obtains in direct proportion to the share of fault allocated to the injury victim. Other U.S. states use a “pure comparative fault” law which grants the accident victim monetary damages no matter how much fault was assigned to the victim. In states that follow “modified comparative fault,” their courts can bar the victim’s financial award when the amount of fault assigned to the victim exceeds a certain percentage, which could be 50 or 51 percent, depending on state law. If you or a loved one are injured in an accident caused by another, you should contact our law firm for a free case review without delay. Time is limited by law to file your accident injury and property damage claims.
Mitigation is a legal theory that can make “seatbelt use” relevant. Mitigation law states that victims should make all reasonable efforts to minimize their potential damages. In a few U.S. states, car accident insurance companies could argue that not using a seatbelt is identical to failing to mitigate damages. The court could use that determination to reduce the amount of economic payout due to this lack of mitigation.
Accident injury victims should always have the legal right to file a lawsuit against the at-fault, negligent driver regardless of seatbelt use. However, it is important that your receive the proper legal advice and guidance from our firm’s attorneys. We offer a free consultation to provide accident victims with an overview of their legal rights.
If a negligent driver has harmed you or a loved one, you might be eligible to file a claim to recover monetary damages. The Accident Attorneys at Parker Waichman LLP help victims recover monetary compensation for harm caused by dangerous drivers. Time is limited to file your claim, so call Parker Waichman LLP at 1-800-YOUR-LAWYER (1-800-968-7529) to receive a free case review.