Can I Sue if I Wasn't Wearing a Seat Belt?

Can I Sue if I Wasn't Wearing a Seat Belt?

When you’re hurt in a car accident, you may be certain the other driver caused your injuries. Maybe they were driving carelessly, or they intentionally tried to injure you. In any case, they caused the accident. 

There’s just one problem. You weren’t wearing a seat belt, and the at-fault party is trying to use that against you. 

Suing isn’t impossible if you weren’t wearing a seat belt, but it may be tougher. Because of this, you may need a Montgomery car accident lawyer on your side to get the compensation you’re due. Your lawyer can help you get answers and defend your claim when you’re concerned about getting compensated fairly. 

Insurance Claims and Your Seat Belt 

Insurance companies may already be seeking a reason to reduce or deny your claim. Insurers are for-profit companies, and that means they’re focused on making a profit. Your health may not be their top priority. 

Because of this, your claim may already have been denied by your insurance company. In other cases, they may have offered you a low settlement, claiming you’re responsible for many of the injuries you suffered. If you’re not prepared to deal with the insurance company, it can be easy to say the wrong thing and lose your chance at the settlement you’re entitled to.

Failing to get your max compensation can make it difficult or even impossible to recover fully after a car accident. Because of this, you may need to speak with your lawyer about the injuries you’ve suffered and the compensation you’re due. 

Comparative Negligence and Your Claim

When you’re hurt in a serious car accident, the at-fault party should be held responsible for the injuries you suffered. The problem is, they may claim you share the fault for the accident. 

This concept is known as comparative negligence, and it can reduce the compensation you’re owed if you fail to defend your claim. 

In many states, comparative negligence would just reduce your compensation. But Alabama is different. You would instead lose all your compensation if you’re found partly at fault for the accident you were in. Because of this, failing to wear your seat belt could leave you without compensation for the injuries you suffered in the accident. You may need a lawyer to help you protect your claim. 

Talk to a Lawyer to Protect Your Claim

When you’re hurt in a car accident, you need compensation from the at-fault party to cover the costs of your injuries and other suffering. But the at-fault party may try to use your actions against you in order to reduce the compensation you’re owed after a car accident. 

Here’s the good news—the lawyers at the Henry Dailey Law Firm are here to help. Your lawyer can help you gather evidence that supports your claim and maximizes your compensation. When you’re hurt, that’s vital to your recovery. 

If you’re hurt in a car accident, reach out for a free consultation. Call 205-995-2412 or visit us online to learn more about your claim. 

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About the Author:

Henry C. Dailey Law Firm, P.C.


Henry C. Dailey, our firm’s founder, is a native son of Alabama. He was born, raised, and educated here, giving him an unparalleled commitment to his fellow Alabamians. As his education and career have both been spent in the Yellowhammer State, Henry has an in intimate, in-depth knowledge of how personal injury law and the local court systems work in Alabama.Car AccidentsTruck AccidentsMotorcycle AccidentsPersonal InjuryTruck Wrecks... View full business profile here: Henry C. Dailey Law Firm, P.C.





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