The easy answer is yes, you can still file a personal injury claim in Arizona, even if you weren’t wearing a seatbelt. However, that being said, once you do decide to file a personal injury lawsuit, the at fault driver and their insurance company will most likely hire expert witnesses to see if there is any evidence proving that if you had been wearing your seatbelt, you wouldn’t have been injured or as badly injured. If they can prove that your injuries would have been less severe, then that means they will be able to pay you less in compensation.
So, what does that mean for you. Let’s say you were in a serious accident that resulted in your leg being broken and a two-day hospital stay. Since you were wearing your seatbelt, the at fault driver will have to pay full compensation. However, say the same exact accident resulted in a broken leg and brain injuries and you were NOT wearing your seatbelt. Then the at fault driver only has to pay for the broken leg as long as they can prove that the brain injuries resulted from you not wearing a seatbelt.
Are There Any Good Legal Reasons for Not Wearing a Seatbelt?
Yes, there are. We’ve actually seen some cases where a passenger didn’t have access to a good working seatbelt and sustained injuries in a car accident. Though these situations are rare, failure to wear a seatbelt can be excused under the law. On the practical side of the matter, jury members are much more likely to be forgiving and favorable to the plaintiff if, say for example, they were riding in a friend’s car and that car didn’t have a working seatbelt. So the injured victim didn’t choose to not wear a seatbelt, there simply wasn’t one available for them.
If you’ve been injured in a car accident in Mesa and you weren’t wearing your seatbelt, please call the experienced Mesa car accident attorneys at Breyer Law Offices today. We are always available to answer your questions about a possible personal injury claim. Contact us today for more information and to schedule a free, no-obligation case consultation.
