Wearing a seat belt is a crucial way to reduce injury in the case of a car accident, but what if you weren’t wearing a seat belt and you are hurt by a negligent driver? At this time, you can’t be pulled over for not wearing a seat belt in Massachusetts. If you are pulled over for another reason, you can be fined if you or passengers aren’t buckled up. How negligence and compensation are determined in a personal injury lawsuit can be significantly affected if you were not wearing your seat belt at the time of the accident. A consultation with an experienced car accident lawyer can help you clear up the questions you have about your case.
Contributory Negligence for Not Wearing a Seat Belt in Massachusetts
If you were in a car accident and you were injured, your negligence could be considered a contributing factor to your injuries. Failure to wear a seat belt does not automatically prevent you from filing a personal injury lawsuit against the other driver, but it can potentially reduce the amount of financial compensation you receive as a result of the accident. A car accident attorney can discuss the specifics of the accident with you to see if you have a viable lawsuit.
Suing for Injuries When You Were Not Wearing a Seat Belt in Massachusetts
As long as the other party is deemed more negligent than you, you can file a personal injury lawsuit against the other driver for injuries you sustained in a car accident. When negligence is determined, each party is assigned a percentage of responsibility. As long as your percentage of responsibility is 49 percent or less, you have the right to sue the other party in a personal injury lawsuit.
Financial Compensation for Your Injuries May Be Reduced
While you can file a personal injury lawsuit if you are less than 50 percent at fault, the financial compensation you receive for medical bills, pain and suffering, and permanent disability can be reduced when your level of responsibility is taken into consideration. This is when it is time to get an experienced car accident lawyer in your corner. With an experienced car accident lawyer, you will stand the best chance possible to win your lawsuit and win the financial damages that you deserve.
Your compensation will be determined using a number of factors. The medical bills you have incurred, time lost from work, future wages you may no longer be able to earn, and the pain and suffering you have endured will all be considered when it comes time to decide what you will receive monetarily as a car accident victim. Finding the right attorney can make a big difference in the amount of money you receive for your injuries.
Determining who is at fault in any car accident can get complicated. When you have been injured in a car accident and you were not wearing a seat belt, you will need to consult with an attorney to determine what you are entitled to under the Massachusetts seat belt laws. The attorneys at Ventura Law can make sure that your case is handled professionally and that you receive any compensation that you are entitled to.