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Does Wearing a Seatbelt Effect your a Personal Injury Lawsuit?

If you were not wearing your seatbelt at the time of your accident, the at-fault drivers insurance company will argue that you are partially responsible for your injuries, which can greatly reduce the amount of financial compensation that you can recieve.

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Wearing a Seat Belt and its Affect on your Personal Injury Claim 

by The Brown Firm / February 14, 2018

Wearing a seat belt while driving should be second nature to motor vehicle drivers in Georgia. Not only is it required by law, but can potentially save your life if you become involved in an accident. 

Woman Driving without a Seat Belt

There is absolutely no reason not to wear a seatbelt while driving. Some people think they are invincible, however, just because you believe you're a great driver does not mean everyone else on the road is as good of a driver as you are. 

Seat belts were designed to save lives encase an accident occurs, this means if you're not wearing yours, a car accident that may have only caused an injury, can become fatal. 

If the accident does not cause a fatality, the injuries that are suffered may be more severe than what they would have been if a seat belt had been worn. 

So what does it mean if you were not wearing a seatbelt and you're trying to file a personal injury lawsuit against the person who caused the accident? 

Not Wearing a Seat Belt can Hurt your Claim 

If you become injured in a car accident that was caused by the other driver's negligence, and you were not wearing your seatbelt at the time of the accident, you can actually severely hurt your chances at receiving compensation for your injuries. 

Insurance companies are a for-profit business, which means it is their job to pay you as little as possible during the settlement process. If they find out you did not have a seatbelt at the time of the accident, they will use this as a reason to offer you less compensation for your injuries. 

Regardless of who caused the accident, you will be held partially responsible for the injuries that you suffered if you were not wearing a seatbelt at the time of the crash. This means, depending upon the percentage of fault that you will be found guilty of, is the percentage that will be taken out of your settlement offer. 

For example, if you are found 10% at fault for the injuries that you suffered, you will receive 10% less in compensation, and so on. 

The insurance company's argument will be, that had you been wearing your seat belt at the time of the crash, your injuries would have been far less severe. Even if it was the carelessness of the other driver, you will still be partially blamed for not following the law and wearing a seat belt while driving. 

Unfortunately, the percentage of fault is determined on a case-to-case basis, so that means depending on the circumstances of the accident, you may be found more at fault than you think. 

Obviously, when you are involved in this type of accident, you need the help of an attorney to fight for you and ensure you're not taken advantage of by the insurance company. 

Woman Injured in a Car Accident without a Seat Belt

Contact an Experienced Personal Injury Attorney 

When you become injured in a Car Accident that was not your fault, but you failed to wear your seatbelt at the time of the crash, having an attorney on your side is the best way to ensure you're not held more responsible than you should be. 

Insurance companies are all too quick to offer you the lowest amount possible, so when they hear you were not wearing a seatbelt, they will reduce their offer even further. 

To understand more about insurance companies and what people believe about them as it pertains to auto accidents, click this link.

If you do not have an attorney to negotiate for you, you will have a hard time persuading the insurance company to offer you more. Because of this, most people will just take the first settlement they are offered because they do not know how to negotiate for more. 

The Personal Injury Attorneys at The Brown Firm have over 30 years of experience representing those who have been injured as a result of someone else's negligence. 

Our Auto Accident Attorneys at The Brown Firm are dedicated to making sure each client receives the benefits that they deserve for their losses. 

We offer free consultations to personal injury accident victims so we can talk to you about your case, and see how we can best assist with the recovery of your losses. 

To speak with one of Georgia's Top Personal Injury Attorneys, click on the link below now or you can learn more about auto accident claims in our guide.

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