The simple answer to this question is yes. A lawsuit can still be filed for injuries suffered even if the person who was hurt was not wearing a seatbelt at the time of the crash.
The person who is injured must prove that the other driver was negligent and that the at-fault driver caused a serious injury as a result of the accident at the outset of the case. But after this is established, the at fault driver is very likely to hire an expert witness to find and develop any evidence to argue that the wounded driver’s injuries would have been less severe had a seatbelt been worn. The judge in the case will then determine the degree to which it can be proven that the injuries would have been minimized by a seatbelt. According to the judge’s decision, the at-fault party will not have to pay expenses beyond injuries that would have been caused while a seatbelt was worn.
For example, if the accident would have resulted in two days in the hospital and a broken leg had a seatbelt been worn, the at-fault driver is liable for that injury. However, if the accident would have caused the broken leg, but resulted in the same broken leg and a serious brain injury because the seatbelt was not worn, the at fault driver does not have to pay for the brain injury.
Obviously, as Peoria auto accident lawyers, we understand that many times people come to us after the fact. They wish they would have worn their seatbelt, but they did not. And they would still like to make a claim. There is a slim chance of winning limited damages in this situation. Since the burden of proof rests upon the at fault driver to show the damage that could have been prevented, the claim may still be viable.
For more information regarding your legal options and rights as an auto accident injury victim, whether you were wearing your seatbelt or not, please feel free to contact a Arizona personal injury attorney at Breyer Law Offices, P.C. We always provide free, no-obligation consultations to injury victims and may be able to help you with your potential case.
