One of the best ways to protect yourself from sustaining serious injuries in a car accident is to wear your seatbelt.
Other than New Hampshire, every other state and the District of Columbia has some kind of seatbelt requirement for adult drivers and passengers in the car’s front seats. Additionally, 32 states also require backseat adult passengers to wear seatbelts.
Of course, infants and children must be secured in the appropriate restraint for their age and size, whether that is a car seat, booster, or seatbelt.
Even though wearing a seatbelt is required by law throughout most of the country, we all probably know someone who doesn’t wear their seatbelt consistently. If you were in an accident while not wearing your seatbelt, you might be wondering how that will potentially affect your accident claim.
Will your claim be hurt by the fact that you weren’t wearing your seatbelt at the time of the accident?
Kentucky Seatbelt Laws
Kentucky has enforced a seatbelt rule since 2006.
The law addresses the following:
- Drivers and occupants of motor vehicles must wear seatbelts.
- The seatbelt must be adjusted properly and fastened.
- Police officers may stop a car for violating this law.
- If you are caught without a seatbelt, the ticket for the offense may not exceed $25.
What if you are not able to wear a seatbelt because of a medical or physical condition?
Drivers and passengers who cannot wear a seatbelt due to a medical or physical condition must carry documentation to prove their condition and why they can’t wear a seatbelt.
Comparative Negligence
“Comparative negligence” is a legal concept used to determine who is responsible for damages in a motor vehicle collision.
If your claim goes to court, the Kentucky court system will assess the degree to which each driver was at fault in the accident. If the other driver caused the accident, they are at fault. But if your injuries were the result of your decision not to wear a seatbelt, the court may hold you partially at fault.
This could lead to a reduction in the damages you are asking for.
How Can a Car Accident Attorney Help?
A car accident attorney negotiates on your behalf to reduce your comparative negligence. An experienced, knowledgeable personal injury attorney in Kentucky will understand the state’s seatbelt laws and how to help clients get all the compensation they deserve.
In many circumstances, your attorney can demonstrate that the injuries you sustained would have been just as significant if you had been wearing your seatbelt.
Without a car accident attorney, you are far more likely to be assigned blame for your injuries if you were not wearing a seatbelt. With legal support, you have a better chance of winning your claim.
Can I Still File a Claim if I Wasn’t Wearing My Seatbelt?
Absolutely!
When an accident is caused by the distracted, negligent, or even criminal actions of another driver, you have the right to pursue compensation for damages.
Damages include:
- Medical bills
- Lost wages
- Car repairs
- Rental car costs
- Pain and suffering
- Ongoing physical therapy, occupational therapy, and mental health therapy
- Permanent disability
McCoy & Sparks–Central Kentucky’s Trusted Car Accident Lawyers
If you have been injured in a car accident, McCoy & Sparks is here to provide you with the support and expertise you need to pursue a successful car accident claim.
We have helped countless car accident victims in Central Kentucky and beyond get the compensation they are owed. When you have questions about the ins and outs of your claim, we have answers!
Get a Free Consultation with McCoy & Sparks Today
When you sign up for a free consultation with McCoy & Sparks, we take the time to get to know you and your case. We want to know the details about what happened in the accident and how your life has been affected.
We’ll go over your options and provide you with the information you need to have to make informed decisions about your next steps.
If you hire us to represent you, we will negotiate a great settlement or argue your case in court. You owe us nothing unless we recover the compensation you deserve! There is no reason to wait.
Request a free consultation today. 844-459-9467