What if I Wasn’t Wearing a Seatbelt During a Car Accident in California?
If you live in Los Angeles, or any other part of California, and have found yourself in the unfortunate position of having suffered personal injuries as the result of a car accident, you should know that, assuming there was no liability on your part for the accident, or less liability than the other driver, you can claim damages for any personal injury sustained, as well as for damage to your vehicle, medical bills, and other expenses or losses. However, if you were not wearing a seatbelt at the time of the accident, things can get a bit more complicated, even if the accident was not your fault.
California law requires all drivers to wear seatbelts at all times they are in a moving vehicle, or when the vehicle’s engine is running. The reason behind the law is statistics have overwhelmingly shown that motorists suffer far more severe injuries and exponentially increase their chance of fatalities, when seatbelts are not being worn during an accident. Countless lives have been saved over the years because of seatbelts. The laws of physics dictate that a human body is bound for serious damage and sustained injury if left to move “freely,” i.e. without a seatbelt or restraint keeping the body in place. At the moment of impact, due to laws of inertia, and potential and kinetic energy, it is the body’s natural inclination to fly forward, or worse, at high speed and velocity. The seatbelts cannot prevent all injuries, but they do certainly save lives.
In California, if you are the victim of a car accident and have sustained personal injuries, but were not wearing a seatbelt at the time of the accident, you will still certainly claim damages, but there will be some reduction in the amount of damages you will receive due to your unwillingness or neglect in wearing a seatbelt. The reasoning behind this is that had you been wearing a seatbelt, in most cases, the injuries sustained would likely not have been as bad. That is why it is always advisable to wear a seatbelt when operating a motor vehicle of any kind.
Because car accident personal injury cases can turn into complicated affairs, you will want to make sure you have a good personal injury lawyer who has dealt with the kinds of cases and injuries experienced by you to represent you. If you were not wearing a seatbelt at the time of the accident, your damages may be reduced, but a good lawyer will stave off some of the financial loss and fight to get you as much compensation as you have a right to receive for your damages. Among the best Los Angeles personal injury lawyers and California auto accident lawyers can be found at California Attorney Group. They bring a wealth of experience across the spectrum of personal injury law, with a particular focus on the intricacies of auto accidents and the damage claims which stem from them. Contact them today for a consultation, and get the just amount of damages you deserve for the accident.
