After being involved in a car accident you may be left with physical and emotional injuries, not to mention the financial burdens and expenses associated with the aftermath. One of the first questions an individual may have after an accident is whether they can pursue legal action against the other driver if they were not wearing a seatbelt. Generally, yes, an individual who wasn’t wearing a seatbelt can still sue in New Jersey. Read on and speak with a New Jersey car accident lawyer for more information and legal advice.
Can I Sue for a Car Accident Even if I Wasn’t Wearing a Seatbelt?
The answer to this question depends on the specific circumstances of the accident but generally, yes, you can still sue after a car accident even if you did not have your seatbelt on. However, this is only true given that the other driver caused the accident. If the crash was a result of the other driver’s negligence or reckless behavior, you can pursue legal action regardless of whether or not you were buckled up.
However, even if the other driver caused the collision, you can be found somewhat responsible as well.
What Are New Jersey’s Comparative Negligence Laws?
In certain situations, New Jersey’s comparative negligence laws come into play. An accident where one driver was not wearing a seatbelt could cause these regulations to take effect.
Comparative negligence is a legal principle that determines how fault is distributed between the various parties involved in an accident. Following these laws, an insurance provider or court can assign a percentage of liability for the accident to multiple individuals depending on the details of the situation. The amount of fault you are deemed responsible for impacts the amount of compensation you are entitled to. New Jersey implements modified comparative negligence laws, meaning that an individual can seek compensation after an accident through another driver as long as they are not more at fault than the other individual.
For example, consider an accident where one driver ran a red light and crashed into the other driver. The driver who ran the light may be assigned 100% of the responsibility for causing the crash. However, if the other driver was excessively speeding and made what would have been a minor collision into a catastrophic accident, they can be assigned a portion of the blame. Even so, as long as they are not deemed 50% or more liable, they can sue the other driver who caused the crash.
Does Not Wearing a Seatbelt Impact Comparative Negligence?
When it comes to forgoing a seatbelt, insurance companies and courts could decide that failing to wear one contributed to the severity of your injuries, meaning that you are partially responsible for the damages that occured. Instead of the other driver being 100% at fault, the liability could be split 10% to you and 90% to them. In this case, you are only able to recover 90% of the compensation you would have otherwise received. This means if your medical expenses, lost wages, property damage, and other costs totaled $100,000 you can only receive $90,000.
Reach out to a skilled attorney to learn more about your legal rights and options after a car accident.
