If you get hurt in a car accident and someone else is to blame, you can sue them for compensation. This is true even if you were not wearing a seatbelt at the time of the crash. The problem is that not using this safety feature can harm your case. You’ll want experienced Washington, D.C. car accident lawyers to help you fight for the full compensation that you deserve.
Does Wearing or Not Wearing a Seatbelt Affect Liability?
Whether or not you wore a seatbelt is unlikely to affect whether a crash would have happened. It is negligent driving behavior, like aggressive driving and running stop signs, that causes accidents. However, while not wearing a seatbelt shouldn’t affect your liability for the accident, the other side might try to argue that your negligence did contribute to your injuries. This can be a problem, and we’ll talk about that more in a second, but state and local laws may actually protect you from such accusations.
What Kinds of Damages Can Be Won in a Car Accident Case?
A car accident settlement should reimburse you for the economic and noneconomic costs of a crash. That means compensation for things like:
- Medical expenses
- Lost wages
- Reduced earning potential
- Property damage
- Loss of enjoyment
- PTSD, anxiety, and other psychological issues
A fair settlement will help address the trauma you went through as well as the monetary expenses associated with a crash, and our personal injury lawyers will help you fight for one.
Can Not Wearing a Seatbelt Affect My Compensation?
Unfortunately, your lack of a seatbelt can mean that you do get blamed for some of your injuries. The main argument here is going to be that yes, you were injured. Yes, this other driver is to blame for the crash. However, you would have walked away with minor injuries if you had just followed the law and used your seatbelt.
Here’s the problem with that argument. State laws do not necessarily consider you negligent because you didn’t wear a seatbelt. Virginia, Maryland, and Washington, D.C. statutes do not allow an insurer to try and limit their liability by arguing that you didn’t wear a seatbelt. They also cannot say that this was evidence of contributory negligence. So you cannot have your case thrown out for this reason and your damages cannot be reduced because of it.
Do I Need a Lawyer?
This does not mean that the insurer won’t try to find any excuse they can to pay you a pittance or not pay out at all though. That’s why we recommend hiring an attorney who will fight for you. If you are owed compensation, your attorney will help you fight for it and ward off any accusations of wrongdoing.
Meet With Our Legal Team
So if you got hurt in an accident and you or your passenger didn’t wear a seatbelt, don’t assume that you aren’t eligible to claim compensation. Contact Trombly & Singer, PLLC to schedule a consultation and learn more about your legal options.