Car Accident Lawsuit While Not Using a Seat Belt

Are you looking to file a car accident lawsuit while not using a seat belt in Buffalo? Contact our Buffalo attorneys to get started today!

Oftentimes clients call and tell us they were injured in an accident due to somebody else’s negligence, but they were not wearing their seat belt.  The person either forgot, they were in a hurry, or were even opposed to it. Even if you were not wearing a seat belt, you are still able to receive compensation for injuries sustained in that car accident, as long as the seat belt would not have prevented the injuries.

If you’re struck from the side and you break your arm against the door, you would have a valid claim for that injury. On the opposite spectrum, if by wearing a seat belt you didn’t strike your head on the steering wheel then you are not protected.  I advise clients as a Buffalo Injury Attorney that this is called the seat belt defense. Although we would claim all of the injuries were caused by the accident, the defendants are allowed to assert as a defense that because you weren’t wearing a seat belt, those injuries should be either precluded or diminished because of your failure to wear the device.

Are you looking to file a car accident lawsuit while not using a seat belt? If so, contact our experienced Buffalo Injury Attorneys for a free confidential consultation. Let us review the facts of your case and provide guidance as to whether you are entitled to recover damages for your injuries. Don’t settle for less, contact us today.

This blog was provided by Richard Nicotra, one of our experienced Buffalo Injury Attorneys.

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