The path to healing after a car accident is a challenging journey, both physically and emotionally. If another driver’s negligence caused the accident, seeking compensation is your right.
But what if you were not wearing a seatbelt at the time of the crash? Does this affect your ability to claim the full compensation you deserve?
The absence of seatbelt use can create roadblocks in your case
The law recognizes the principle of “comparative negligence,” which means your actions can affect the damages you receive. Not wearing a seatbelt can lead to:
- Reduced damages: The court might reduce your compensation depending on how much fault is assigned to you for not wearing a seatbelt.
- Increased scrutiny: Insurance companies might use your lack of seatbelt use to question your overall responsibility and care for personal safety.
- Medical complications: Injuries sustained without a seatbelt are often more severe, resulting in higher medical bills and longer recovery times.
- Legal challenges: Proving the extent of your injuries and their relation to the accident becomes more difficult without seatbelt use.
In New Jersey, wearing a seatbelt is mandatory for both drivers and passengers. This “primary enforcement” law means police can stop and ticket you solely for not wearing a seatbelt. Beyond legal consequences, this requirement also plays a role in personal injury cases.
It is important to note that while not wearing a seatbelt can complicate your claim, it does not necessarily bar you from pursuing compensation. The outcome of your case will largely depend on the particular details of your accident and the severity of your injuries.
Enlisting legal representation can be a decisive factor
If you find yourself in this situation, reach out to a skilled attorney immediately. Their goal is to protect your rights and secure fair compensation. The right legal support is the first step on your journey to recovery and justice.