Can You Sue If You Weren’t Wearing A Seatbelt In A Car Crash?
Everyone knows that wearing a seatbelt is a good idea. However, many people neglect to take advantage of this age-old safety device for a number of reasons. Perhaps they needed to reach across their vehicle at the moment of the crash. Perhaps their body does not fit with a seatbelt due to disabilities or other factors. Perhaps the seatbelt feels constricting and prevents proper breathing. Whatever the case may be, people often wonder whether they can still sue even if they weren’t wearing a seatbelt after a crash. So can you still receive compensation if you find yourself in this situation?
Your first step should always be to get in touch with a qualified, experienced personal injury attorney in Upstate New York. The right team of legal professionals can assess your unique situation and determine the best course of action. In many cases, it will indeed be possible to pursue a settlement. You can then use your new settlement to pay for medical expenses, missed wages, emotional distress, and any other damages you might have experienced. It always makes sense to get in touch with an attorney as soon as possible for best results.
Is Not Wearing a Seatbelt Illegal in Upstate New York?
Seatbelts are mandatory in Upstate New York. In 2020, it was announced that if drivers and passengers were spotted without a seatbelt, they may be ticketed (1). Not wearing a seatbelt can indeed lead to serious injuries. On August 9th, it was reported that a man from Upstate New York had been ejected from his truck after a single-car crash (2). The crash resulted in his death. Although the exact cause of his passing was not revealed by State Troopers, we can assume that he was not wearing a seatbelt.
Seatbelt Liability in Upstate New York
So can you still receive compensation if you were not wearing your seatbelt in an Upstate New York accident? While you can still sue, the defendant can use your failure to wear a seatbelt against you in court. This is considered a sign of negligence on your part, and it may result in a lower settlement amount.
Enlist the Help of a Qualified Attorney Today
If you’ve been searching for a qualified, experienced personal injury attorney in Upstate New York, look no further than the Team at Stanley Law. The Stanley Law Offices Team is dedicated to helping you get the maximum. Over the years, we have assisted numerous injured plaintiffs, and we know how daunting these situations can be. Don’t give up on your settlement until you have booked a consultation and spoken with us about your options. Reach out today to get started with an effective action plan.
Sources
- https://www1.nyc.gov/site/tlc/drivers/seat-belt-law.page#:~:text=Starting%20November%201%2C%202020%2C%20New,passengers%20may%20receive%20a%20ticket.
- https://www.syracuse.com/crime/2022/08/upstate-man-dies-in-single-car-crash-after-being-ejected-from-truck.html
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