Seatbelt Issues
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Attorney Representation in Phoenix, Arizona Since 1996
Phoenix Seatbelt Issue Attorney
Can Somebody Who is Not Wearing a Seatbelt in a Car Accident Still Recover in a Personal Injury Claim?
Under Arizona case law, any injuries suffered by somebody as a result of their failure to wear a seatbelt that would not have been suffered had they worn a properly functioning seatbelt that was available to them is limited in their recovery. However, unlike most issues, it is the at fault driver who caused the accident that has the burden of proving that the injuries that were suffered would not have otherwise been suffered had a seatbelt been worn.
Obviously, we cannot emphasize enough the vital importance of wearing a seatbelt. In our experience, nothing saves more lives than wearing a seatbelt. For all the terrible accidents we have seen, we have seen so many people who did not suffer tragic and life-altering injuries because they were smart and made the decision to use their seatbelt.
However, due to other circumstances or even choices that can be regretted, we have seen many people who were not wearing their seatbelt at the time of an accident. So other people were wearing a seatbelt and the seatbelt failed. In other occasions, the seatbelt did not function properly at the time of the accident. All these factors need to be considered when one can expect a "seatbelt defense" in the insurance company of the driver who caused the accident to begin with.
Anybody who has been involved in an accident where they were not wearing their seatbelt, or where the seatbelt was not functioning properly needs to make sure they get the advice and insight of an experienced Arizona car accident attorney. Seatbelt defenses are not straightforward, these cases are often complex, and having the experienced lawyer can be a vital first step to obtaining the compensation allowed under the law.
