What If I Wasn’t Wearing a Seat Belt?
All motorists are required to wear seat belts in the State of California, and statistics make it clear that seat belts save lives. If you were not wearing a seat belt when another driver’s negligence caused you to be injured, it could complicate your claim – but it should not negate it. If this is the difficult position you find yourself in, an experienced Beverly Hills car accident attorney can help.
The Seat Belt Defense
A small number of states that include California allow what is known as the seat belt defense, which means that motorists who are on the hook for causing another driver to experience legal damages – or losses – can mitigate their liability if the other driver wasn’t wearing a seat belt. As such, the compensation you receive may be reduced by a percentage that is assigned to your own negligence – or failure to secure your own safety. In order to successfully use the seat belt defense, the other driver will need to prove all the following:
- While you had access to a seat belt, you chose not to wear it.
- Other reasonable people in your position likely would have worn a seat belt.
- Your injuries would likely have been significantly less if you’d been wearing a seat belt at the time of the accident.
If you weren’t wearing a seat belt at the time of the car accident that left you injured, bringing your strongest claim is paramount.
An Experienced Beverly Hills Car Accident Attorney Is in Your Corner
The savvy Beverly Hills car accident attorneys at Jalilvand Law have an impressive track record of successfully bringing claims that fairly cover our clients’ losses in the face of seat belt defenses, and we’re here for you to. Contact or call us at 310.478.5800 for more information today.