At Maison Law, we offer representation to victims of life-altering car accidents in Modesto and throughout the state of California. Being injured in a car accident with or without a seatbelt can be a catastrophic event that leaves you with a long road to recovery. You may sustain long-term consequences in your accident, which is why you should always be prepared to seek legal help. Please contact us for the help you need during these challenging times.
Consequences of Not Wearing a Seatbelt in a Car Accident
Nobody ever expects to become involved in a Modesto car accident. However, this is the reality that hundreds of individuals experience every year within the city. Luckily, there are safety measures that drivers and passengers can take to protect themselves from immense harm in an accident, such as wearing a seatbelt. Unfortunately, not everybody does so – which means that they could be at risk for serious harm.
In the event of a car accident, not wearing a seatbelt can lead to severe consequences. There are certain injuries that tend to result from these accidents, from concussions to fractures and internal bleeding among many others. Though some of these accidents will heal over time, other injuries can result in lifelong pain and suffering. In other cases, victims may even lose their lives due to not wearing a protective seatbelt in a car accident.
Seat Belt Laws in California
California, as with many other states throughout the U.S., has seat belt laws regarding the actions that drivers and passengers should take in vehicles to protect themselves from harm. Under California law, drivers and passengers are required to wear a seat belt as long as a vehicle is in motion. Furthermore, a child must always be properly restrained in a car or booster seat.
For those who violate these laws and are involved in an accident, there could be fines as well as other consequences. However, this does not mean that you will not be able to financially recover for the injuries that you have sustained in an accident.
How a Lack of Seatbelt Can Affect Your Financial Recovery After an Accident
After a serious car accident, one of the most important things to you may be receiving compensation for the damages that you have received. However, you may find that a lack of seatbelt in a car accident can impact your ability to recover damages that you need to get back on your feet.
Under California comparative negligence laws, your award through settlement or court could be lessened by a certain percentage due to your own fault. For instance, if you were 25% at fault for an accident and the other driver was 75% at fault, your damages could be reduced by a total of 25%.
It is not uncommon for the insurance company or a judge to claim that your injuries were made more severe by your failure to wear a seatbelt before your accident. This can make it difficult for you to prove that the other party is completely liable for your accident based on these circumstances.
Usable Legal Arguments in Your Modesto Car Accident Claim
The circumstances of every car accident vary, though it may be difficult to protect fully your rights if you were not wearing a seatbelt at the time of your accident. Your attorney may be able to use some of the following legal arguments to help show that you deserve full compensation after a car accident, even if you failed to use a seatbelt:
- The accident was not caused by failing to wear a seatbelt and you feel as if you are being punished in your claim for not wearing one.
- Plaintiffs are not able to anticipate that another party is going to act negligently, leading to an accident.
- You cannot accurately determine what injuries can stem from a plaintiff wearing a seatbelt.
- Dummy tests involving seatbelts cannot show the exact damages that a person could sustain, as every accident is unique.
Contact a Modesto Car Accident Lawyer Today
At Maison Law, we have diligently assisted victims of Modesto car accidents over the years. We will stand by your side after a car accident that was not your fault, no matter the circumstances. You have every right to hold a liable party responsible for the harm that you have sustained in an accident. Please do not hesitate to contact us today for a completely free and confidential case review to help you get back on your feet.
