Wearing a seat belt while driving should be second nature to motor vehicle drivers in Georgia. Not only is it required by law, but can potentially save your life if you become involved in an accident.
There is absolutely no reason not to wear a seatbelt while driving. Some people think they are invincible, however, just because you believe you're a great driver does not mean everyone else on the road is as good of a driver as you are.
Seat belts were designed to save lives encase an accident occurs, this means if you're not wearing yours, a car accident that may have only caused an injury, can become fatal.
If the accident does not cause a fatality, the injuries that are suffered may be more severe than what they would have been if a seat belt had been worn.
So what does it mean if you were not wearing a seatbelt and you're trying to file a personal injury lawsuit against the person who caused the accident?
Not Wearing a Seat Belt can Hurt your Claim
If you become injured in a car accident that was caused by the other driver's negligence, and you were not wearing your seatbelt at the time of the accident, you can actually severely hurt your chances at receiving compensation for your injuries.
Insurance companies are a for-profit business, which means it is their job to pay you as little as possible during the settlement process. If they find out you did not have a seatbelt at the time of the accident, they will use this as a reason to offer you less compensation for your injuries.
Regardless of who caused the accident, you will be held partially responsible for the injuries that you suffered if you were not wearing a seatbelt at the time of the crash. This means, depending upon the percentage of fault that you will be found guilty of, is the percentage that will be taken out of your settlement offer.
For example, if you are found 10% at fault for the injuries that you suffered, you will receive 10% less in compensation, and so on.
The insurance company's argument will be, that had you been wearing your seat belt at the time of the crash, your injuries would have been far less severe. Even if it was the carelessness of the other driver, you will still be partially blamed for not following the law and wearing a seat belt while driving.
Unfortunately, the percentage of fault is determined on a case-to-case basis, so that means depending on the circumstances of the accident, you may be found more at fault than you think.
Obviously, when you are involved in this type of accident, you need the help of an attorney to fight for you and ensure you're not taken advantage of by the insurance company.
Contact an Experienced Personal Injury Attorney
When you become injured in a Car Accident that was not your fault, but you failed to wear your seatbelt at the time of the crash, having an attorney on your side is the best way to ensure you're not held more responsible than you should be.
Insurance companies are all too quick to offer you the lowest amount possible, so when they hear you were not wearing a seatbelt, they will reduce their offer even further.
If you do not have an attorney to negotiate for you, you will have a hard time persuading the insurance company to offer you more. Because of this, most people will just take the first settlement they are offered because they do not know how to negotiate for more.
At Potra Law firm we fight for what is best for you!
If you, or you know someone that has been injured please don't hesitate to contact us immediately for a free consultation. (770)271-5244
Blog Post from www.jdsupra.comby By The Brown Firm. Feb-2018