- 1-905-452-8193
- Contact Us
- Member Login
- Get Listed Today
- 220,911 members
Seat belts are an important safety feature in vehicles and can significantly impact the outcome of a car accident and subsequent settlement. Wearing a seat belt can prevent serious injuries or death in a collision, and not wearing one can result in more severe injuries.
First and foremost, not wearing a seat belt increases the risk of serious injury or death in the event of a car accident. According to the National Highway Traffic Safety Administration (NHTSA), wearing a seat belt reduces the risk of fatal injury to front-seat passengers by 45%, and the risk of moderate to critical injury by 50%. In other words, not wearing a seat belt significantly increases the likelihood of severe injury or death in the event of an accident.
In addition to the increased risk of injury, not wearing a seat belt can also affect an accident claim in South Carolina. If you are involved in an accident and you were not wearing a seat belt at the time, the other party's insurance company may argue that your injuries were caused or exacerbated by your failure to wear a seat belt. This can potentially reduce the amount of compensation you are entitled to receive for your injuries. In some cases, a failure to wear a seat belt can even be used as evidence of fault in an accident, potentially affecting the amount of damages that can be recovered in a settlement. On the other hand, if a seat belt malfunctioned or was defective, it could potentially be used as a defense in an accident case. Overall, the use or nonuse of seat belts can have a significant impact on car accident settlements.
In South Carolina, it is legally required for all drivers and passengers to wear a seat belt while in a moving vehicle. Not wearing a seat belt can have serious consequences in the event of an accident, both in terms of personal injury and the potential impact on an insurance claim.
In addition to the potential impact on an accident claim, not wearing a seat belt can also result in legal consequences. In South Carolina, failure to wear a seat belt is a primary offense, meaning that a law enforcement officer can pull you over and issue a ticket solely for not wearing a seat belt. The fine for a seat belt violation in South Carolina is $25.
In addition to the increased risk of injury, not wearing a seat belt can also affect an accident claim in South Carolina. If you are involved in an accident and you were not wearing a seat belt at the time, the other party's insurance company may argue that your injuries were caused or exacerbated by your failure to wear a seat belt. This can potentially reduce the amount of compensation you are entitled to receive for your injuries.
It is important to note that South Carolina follows the doctrine of comparative negligence, which means that fault in an accident is apportioned among all parties involved. If it is determined that your failure to wear a seat belt contributed to your injuries, the amount of damages you are able to recover may be reduced in proportion to your degree of fault. For example, if you are found to be 20% at fault for not wearing a seat belt, and the total value of the claim is $100,000, the damages you are able to recover amount to $80,000.
However, it is worth noting that the doctrine of comparative negligence does not completely bar recovery in South Carolina. Even if you are found to be partially at fault for not wearing a seat belt, you may still be able to recover damages from the other party as long as their fault is greater than yours.
There are various types of damages that can be recovered in a Goose Creek car accident claim, even if you weren’t wearing a seatbelt. The two main forms of damages recovered in car accident claims are economic and non-economic damages. Economic damages are damages that can easily have a dollar amount assigned to them. Non-economic damages refer to damages that cannot have a specific dollar amount placed on them.
Some of the most common economic damages that are sought after in these types of cases include medical expenses, lost wages, and property damage. Medical expenses can include the cost of hospitalization, surgeries, prescription medications, and physical therapy. Lost wages refer to the income that the victim has lost due to their injuries and inability to work. Property damage can include the cost of repairing or replacing a damaged vehicle, as well as any other personal property that was damaged in the accident.
Non-economic damages that may be sought after in a car accident claim include pain and suffering, loss of consortium, and emotional distress. Pain and suffering refer to the physical and emotional pain that the victim has experienced as a result of the accident. Loss of consortium refers to the loss of companionship and support that the victim has suffered due to their injuries. Emotional distress refers to the psychological effects of the accident, such as anxiety, depression, and trauma. These types of damages can be more difficult to quantify, as they are subjective and depend on the individual circumstances of each case.
If you've been involved in a car accident and are struggling to get the compensation you deserve from the insurance company, a car accident attorney can help. They have the knowledge and experience to negotiate with insurance adjusters and fight for your rights. A car accident attorney can also help you understand your legal options and advise you on the best course of action to take. Don't let the insurance company take advantage of you. Contact a Goose Creek car accident attorney today to get the support you need to get the fair compensation you deserve.
