Hello World! Welcome Friends! The concept of car seat belt usage only became widespread in the 1950s. Different states take different approaches to seat belt usage in the car, but there is some form of consensus over its usage, with most states applying fines for violations.
In Connecticut, all vehicle occupants are legally required to have a seat belt on when the car is in motion. The main reason behind the creation of these rules is safety. However, these rules can also affect the outcomes of a personal injury claim.
Contributory Fault
Connecticut is one of the 33 states in the US that operate under a modified comparative negligence system. Under this system, the court considers the contribution of both parties in an accident, which can mean reduced compensation if you are found partially at fault in an accident.
Failure to wear a seat belt qualifies as contributory negligence in that you stand to suffer more severe injuries when not using one. According to NHTSA statistics, wearing a seatbelt can limit the chances of suffering severe injuries by 50% and dying by 45% for front-seating passengers, which justifies a contributory fail defense.
“The defendant may not be looking to have your case thrown out. They only need to prove your contribution to the accident, which can significantly lower the claim’s value,” says personal injury attorney Russell Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers.
You have a right to compensation if your contribution to fault does not exceed 50 percent. Also, it is important to note that your compensation will be relative to your contribution to the accident. For example, if you are 40 percent at fault, you can only recover 60 percent of the damages.
Seat Belt Defense
Connecticut’s car accident laws allow defendants in a personal injury claim to use not wearing a seatbelt as a defense. To use “failure to use seatbelts” as a defense, the defendant must prove in court that you were not wearing a seatbelt when the accident occurred.
They can achieve this through witness testimonies, dashcam video footage, police reports, and expert witness testimonies. Secondly, the defendant must demonstrate how not wearing the seatbelt contributed to the severity of the injuries.
Exemptions from Seat Belt Rule
Connecticut has seatbelt usage exemptions, with the first exemption being on medical grounds. This applies to patients who have documentation from a physician indicating that they cannot use a seatbelt for medical reasons. For example, a person recovering from a collarbone injury while able to drive may not be able to wear a seatbelt as it would exacerbate their injuries.
The second exemption is for commercial vehicles. Commercial vehicle occupants are not required to have seatbelts on, which is the reason you do not see them on buses.
If you were not wearing a seatbelt under circumstances where you’d be exempt from the rules, the defendant cannot use not wearing a seatbelt as a defense, nor would it contribute to contributory fault.
Getting a Lawyer Can Help
If you are pursuing a claim where the defendant raises an issue with seatbelt usage, it’s best to have a personal injury lawyer by your side. A lawyer not only helps challenge the opposing side’s claims but also prevents them from overreaching when assigning fault.
They also play a crucial law in damage valuation, increasing your chances of fair compensation. Typically, a lawyer improves the chances of better outcomes by up to five times, meaning all expenses will be worth every dollar.
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