How will not Wearing My Seat Belt Affect my Car Accident Claim?

Jul 9, 2018

How will not Wearing My Seat Belt Affect my Car Accident Claim?

As a driver, it should be second nature to wear a seat belt. The law requires you to do so. Even more importantly, it can save your life if you are in an accident. Seat belts have a purpose  to protect you in case an accident occurs. This means an accident that would have caused only injuries can lead to death due to not buckling up. If the accident doesn’t lead to fatality, injuries can be more severe.  But what does not wearing a seat belt mean for your car accident claim against the person at fault?

 

Not Wearing A Seat Belt Can’t Hurt Your Car Accident Claim in Charlotte, NC

You may be injured in a car accident caused by another driver’s negligence. If you were not wearing a seat belt that will not impact your chances of getting injuries compensation. There are seat belt laws in Charlotte, NC. These laws, however, don’t deny you the chance to seek financial compensation after an accident.

The state statute is clear that failure to wear a seat is not admissible in any trial.  There is, however, an exception if legal action is “based on violation of this section”. This section bars a trial jury from hearing evidence or testimony on a plaintiff’s failure to wear a seat belt. Simply put, not having a safety belt on will not matter in the car accident claim.

They will be no finding of comparative negligence or possibility of compensation reduction. In other states like Georgia, if you were not wearing a seat belt it could dent your compensation chances. Insurance companies always want to avoid paying compensation. If they know you had no seat belt on, they will use this to get out of a settlement. Alternatively, they may try to pay lesser compensation.

Through the seatbelt defense, they can claim you are partly to blame for injuries sustained. They argue that their liability should only be for damages that would have occurred even with a safety belt. It is probably a good thing that your accident occurred in Charlotte, NC where this defense can’t apply.

 

Types of compensation available in a car accident claim

The compensation you can seek from the at-fault driver or his insurance company could include the following:

Property damages – Your car has damages due to the accident. You can seek compensation for repairs. If totaled, the payment of a fair market value of the car should be noted. If any other property was damaged like a house or cell phone, you can also claim property damages on them.

Medical expenses – Paying for treatment after the accident can be very costly. You might need a diagnosis, pay for medication, etc. Injuries may also be so bad you might have to be on treatment for some time. You can claim all this from the insurance companies.

Lost wages – An accident may mean taking time off work to recover. During this time you may not get an income. Business and career opportunities will also be lost. This can factor intoyour car accident claim. All this will be considered to determine the amount of money paid for lost wages due to injuries.

Pain and suffering – These are non-tangible ways you are affected by an accident. It can, for example, refer to the need for psychological counseling to get through the anxiety about driving again.

Wrongful death damages –These can include medical costs and funeral bills. It also includes suffering and loss of enjoyment of life the deceased experienced between the accident and death. This is usually claimed by a loved one of the person who lost their life in an accident.

If you get into an accident and you’re not at fault you need help from a Charlotte car accident lawyer. They will fight for you and ensure you are not taken advantage of by insurance companies.

 

Contact Experienced Car Wreck Attorneys in Charlotte, NC

You should engage a lawyer if you were not wearing a safety belt at the time of your crash. The car accident lawyer will ensure you get the maximum compensation payable in your car accident claim. Although not wearing a seat belt will not affect your case, insurance companies will still try to take advantage. Insurance companies almost always offer the lowest amount possible. Our car wreck attorneys will negotiate for you the best settlement. Get in touch with Ted A. Greve & Associates. We can talk about your case and how best to pursue compensation from your car accident claim. We ensure that you receive the benefits you deserve. Talk to us now on 844-387-8677 for a free consultation.