If you were involved in a car accident you can pursue legal action against the individual responsible for causing the crash. However, many wonder if they are still afforded the right to sue or file a claim if they were not wearing their seatbelt. It is important to understand your rights and legal options after being involved in an accident. Work with an experienced Rockland County car accident lawyer for more information and skilled representation.
Is Wearing a Seatbelt Required by Law in New York?
Yes, wearing a seatbelt is legally required in New York. Under Vehicle and Traffic Law 1229-c, all drivers and passengers who are 16 years or older must wear a seatbelt while the vehicle is moving. Note that passengers under the age of 16 are also required but it is the driver’s responsibility. Failure to abide by New York’s seatbelt laws can result in fines.
Can I Sue After an Accident if I Was Not Wearing a Seatbelt?
Yes, you can still sue for damages after a car accident even if you were not wearing a seatbelt when the crash took place. However, besides incurring fines, disobeying the law requiring drivers and passengers to wear seatbelts can affect your legal options after an accident. If you were not buckled up at the time of the accident, you must consider comparative negligence regulations before pursuing compensation.
What is Comparative Negligence?
Comparative negligence is a legal principle that allows multiple people involved in an accident to share a portion of the blame. In a personal injury lawsuit or claim, courts or insurance companies will determine the degree of fault that each party involved is responsible for. While one driver may have been the direct cause of the collision, a percentage of liability can be assigned to other drivers or individuals depending on the details of the circumstances.
If you were not wearing a seatbelt at the time of the accident, the other driver’s lawyer or insurance provider could argue that this fact contributed to the severity of your injuries and you may be assigned part of the blame. Even if you had nothing to do with causing the accident to take place, your negligence in taking proper safety measures likely led to more severe and harmful injuries than if you had been wearing your seatbelt.
If you are found somewhat negligent it will not prevent you from suing but it will reduce the amount of compensation you are entitled to. New York’s comparative negligence laws allow plaintiffs to recover damages even if they contributed to their injuries, but the amount will be reduced in proportion to how much they contributed to the injury.
For more information on your legal rights during a car accident claim or lawsuit, reach out to a skillful personal injury lawyer today.
