Seatbelts are one of the many safety features automobiles come equipped with to reduce the risk of injury and death in an accident. However, many people choose not to wear them for various reasons. While it is always important to take preventive measures like wearing a seatbelt, it is important to understand your legal options if you are involved in a crash while not wearing one. If an individual wasn’t wearing their seatbelt and got into a car accident they may still be able to sue or file a claim. Work with a Middlesex car accident lawyer for legal representation and advice.
Is Wearing a Seatbelt Required in NJ?
New Jersey has strict seatbelt laws. State law requires all drivers and passengers of a vehicle to wear a seatbelt while the vehicle is moving. Failing to abide by this law can result in fines but it also has implications for legal action taken after a car accident.
Can I Sue After a Car Accident if I Wasn’t Wearing My Seatbelt?
Yes, you can still file an insurance claim or lawsuit against a driver even if you were not wearing your seatbelt at the time of the accident. Regardless of whether you were wearing a seatbelt or not, if the other driver was negligent and caused the accident then you can pursue legal action against them.
Although legally your right to pursue legal action is not impacted by whether or not you had your seatbelt on, it can impact the compensation you are eligible to receive.
What is Comparative Negligence?
New Jersey abides by modified comparative negligence laws. Under comparative negligence, a court or insurance company will evaluate the details of an accident and assign each party involved a portion of the blame which impacts the amount of damages either individual can receive. This means that if you are partially at fault for the accident then your ability to recover compensation may be reduced in accordance with how much of the fault you were responsible for.
The “modified” part of the law is that in New Jersey a driver has to be less responsible for the accident than the driver they are seeking damages through. If only two drivers were involved in the accident and the individual who was not wearing a seatbelt wants to pursue legal action against the other, they must be less than 50% responsible.
Although not wearing a seatbelt may not indicate that the driver caused the accident, they can be found negligent in the fact that their actions exacerbated injuries and damages. The other driver’s insurance company or lawyer could argue that the injuries would have been less severe if they were properly buckled. This will reduce the amount of compensation they can recover.
Speak to a skilled attorney for more information and legal advice following your accident.
