As Phoenix personal injury lawyers, have seen cases in which there was no working seatbelt available for someone injured in a motor vehicle accident. These sorts of situations in which a person fails to wear a seatbelt because there were none available are rare, but the injured person in such cases is excused legally from the obligation to wear a seatbelt. Juries are also more likely to be forgiving of someone not wearing a seatbelt who did not have one available, particularly if they were in someone else’s vehicle, than for a person who simply chose not to wear a seatbelt when one was available.
That said, we do know there are times when wearing a seatbelt may actually increase the extent of a person’s injuries. If you start to talk about saving lives, however, generally speaking the odds are on those who wear seatbelts. Seatbelts will not always help, and seatbelts do not save lives in every single accident. There will be a small percentage of accidents in which wearing a seatbelt causes greater injury, yet to suggest that because of this seatbelts should never be worn is simply ludicrous. We have seen in our time as experienced Chandler personal injury lawyers, how seatbelts save lives. In fact, seatbelts have saved more lives on more occasions in Arizona and throughout the U.S. than anyone can truly estimate. You should wear your seatbelt every time you get into a car, because it is safer and because it is the smart thing to do.
Now, some people argue that wearing a seatbelt should be a choice. This suggestion, if put into action, would inevitably cause more serious injuries and more deaths in car accidents. As Maricopa County personal injury attorneys, we have helped many people have severe injuries from car accidents. We have helped family members of people who have died in automobile accidents. As experts in this field, we know sometimes that serious injury or death could have been prevented if a seatbelt had been worn. So think about the people you love when you make a decision not to wear a seatbelt, and think about your own financial interests as well, if that will motivate you to buckle up.
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.
Absolutely. If you’re in a serious accident with a negligent driver and you were wearing your seatbelt, you have a much better chance of receiving full compensation for your injuries. If you were not wearing your seatbelt, even if the accident was 100% the other driver’s fault, then the compensation you receive could be greatly reduced or even completely eliminated if the plaintiff can prove that your injuries wouldn’t have been as bad, or wouldn’t have occurred at all, if you’d just been wearing your seatbelt. That means you won’t receive full compensation for things like current and future lost wages, medical bills, and pain and suffering – all because you didn’t wear a seatbelt.
Furthermore, if you were hurt by a negligent driver in a car accident and you need extensive medical care, those bills will add up quickly. You don’t have to worry if you have a legitimate claim and were wearing your seatbelt, but if you weren’t wearing your seatbelt and your compensation is reduced, then the financial impact on you and your family can be devastating. In fact, it’s reported that over half of all bankruptcies in the U.S. have resulted from medical bills. So even if your health isn’t that important to you, think about your bank account – and the impact it will have on you and your family if you’re financially wiped out.
If you’ve been seriously hurt in an auto collision and you did not have your seatbelt on, please call the skilled Glendale car accident attorneys at Breyer Law Offices today. We are always available to answer your questions about a possible personal injury claim and to offer you top-notch legal guidance and advice. Contact us today for more information and to schedule a free, no-obligation case consultation.
To many people, seatbelt laws are plain and simple. Most citizens know that in the State of Arizona, you are required by law to wear a seatbelt while driving. Not following the law can result in a traffic ticket being issued. Enough said in most cases. But when failure to wear a seatbelt becomes a factor in a personal injury claim, things get a little bit more complicated.
Why Should I Wear a Seatbelt?
Let’s talk about the obvious first. You should always wear your seatbelt. Period. We’ve heard people say that they have a friend or relative who was involved in an accident and says the only reason they are alive is because they were NOT wearing their seatbelt. But we question the accuracy of this kind of statement. Typically, when someone hears this, it comes from a doctor in an emergency room who was not at the scene of the collision, or body shop workers who are not accident reconstruction experts. In other words, these comments are coming from people who are NOT true experts in determining the damages and injuries that resulted from not wearing a seatbelt.
That being said, we do know that there are some cases where people are actually injured more because they were wearing a seatbelt. Seatbelts don’t help every time or save lives in every single accident. But these cases are few and far between – and to suggest that that is a good reason not to wear a seatbelt is just plain silly.
Also, some people argue that wearing a seatbelt is a choice and it’s up to each individual to make that choice and take the risk of suffering a serious injury. At Breyer Law Offices, our experienced Arizona auto accident lawyers have seen many people who have suffered horrible injuries or have had family members killed in car accidents. In some cases, the person injured or killed wasn’t wearing their seatbelt and the tragedy could have been prevented if they’d just strapped themselves in.
The reality of the situation is that seatbelts save lives more often than not. They save lives every hour of every day in Arizona and throughout the country. Wearing a seatbelt is the safe and smart thing to do for many reasons.
