- June 26, 2023
Car crashes can be a traumatic experience, leaving you with physical and emotional scars that may last a lifetime. If you’ve been involved in a collision, it’s common to wonder if your injuries are eligible for an injury claim, especially if you weren’t wearing your seatbelt at the time of the incident.
Our Greenville car accident lawyers can help with your case.
South Carolina Seatbelt Law
The South Carolina Seatbelt Law requires drivers and passengers to wear a seatbelt while operating or riding in a motor vehicle. Failure to comply with this law may result in fines, penalties, and points against your driving record. The primary goal of the law is to reduce injuries and fatalities resulting from car accidents.
If you were involved in an accident while not wearing your seatbelt, it’s important to understand how this might affect your injury claim. While not wearing a seatbelt can be seen as negligent behavior on your part, it does not necessarily mean that you are barred from seeking compensation for damages.
However, failing to wear a seatbelt may decrease the amount of compensation you are eligible for by reducing the percentage of fault assigned to other parties involved. A Greenville car wreck lawyer will explain to you that this is the effect of the comparative negligence principle applicable to all personal injury cases in South Carolina.
Comparative Negligence Allows You to Recover Damages Even If Partly at Fault
Even if you were not wearing your seatbelt at the time of the accident and contributed to your injuries, you can still pursue compensation through a legal concept known as comparative negligence. This means that both parties involved in an accident can share fault to varying degrees. The party who is 50% or less at fault is eligible to recover their damages.
Under this rule, if you are found to be partially responsible for the crash due to not wearing your seatbelt or any other reason such as distracted driving or speeding; then your damages will be reduced by the percentage of fault assigned to you. Nevertheless, South Carolina allows injured parties to recover damages even when they are partly at fault for their own injuries.
Do Not Try to Lie about Not Wearing a Seatbelt
It’s natural to feel ashamed or embarrassed about not wearing a seatbelt during an accident. However, it’s important to be honest with your Greenville car wreck lawyer about whether you were wearing one. Lying can severely damage your chances of receiving compensation for your injuries.
Insurance adjusters are trained to investigate the details surrounding accidents and will likely uncover any lies. If they discover that you weren’t wearing a seatbelt and lied about it, they may try to assign more fault to you than is actually accurate.
Remember, honesty can go a long way when filing an injury claim after an accident. There are many other factors at play beyond whether or not you were wearing a seatbelt – let your Greenville car wreck lawyer determine how best to approach these issues based on all available evidence!
The Insurance Adjuster Will Try to Push Blame Onto You
After you file an injury claim, the insurance adjuster will likely try to assign as much fault to you as they can. They may do this by asking questions that imply or outright accuse you of negligence, such as “Were you distracted while driving?” or “Why weren’t you wearing your seatbelt?”
It’s important not to give in to these tactics and instead stick to the facts of the case. If you were not wearing your seatbelt at the time of the accident, be honest about it but also explain how it did not contribute to your injuries.
Remember that even if you were partly at fault for the accident, comparative negligence laws allow for the recovery of damages based on each party’s level of fault. So don’t let an insurance adjuster intimidate or bully you into accepting less than what is fair.
If an insurance adjuster tries assigning too much blame to you, don’t panic. A Greenville car wreck lawyer experienced in personal injury claims can help prove that the other driver was more at fault and obtain a fair settlement for your damages.
Your Greenville Car Wreck Lawyer Can Prove the Other Driver Was More at Fault
If you were not wearing a seatbelt, it is possible to prove that the other driver was more at fault with help from a Greenville car wreck lawyer.
Your lawyer will begin by investigating the details of your accident and gathering evidence to support your case. This may include witness statements, police reports, and photographs from the scene of the accident. With this information, they can build a strong argument for why the other driver should be held responsible for your injuries.
One way that your lawyer can do this is by demonstrating how their actions led directly to your injuries. For example, if they were speeding or driving recklessly when they collided with your vehicle, it would be clear that they were more at fault than you were for not wearing a seatbelt.
Another strategy might involve showing how common sense safety measures could have prevented or reduced the severity of your injuries – like requiring everyone in a car to wear their seatbelts properly before starting out on any journey.
Ultimately, working with an experienced Greenville car wreck lawyer gives you access to the legal expertise and resources necessary for building a solid case against those responsible for causing harm during accidents on busy roads!
An Experienced Lawyer Will Obtain a Fair Settlement for Your Damages!
Always consult with a Greenville car wreck lawyer if you were involved in an accident and weren’t wearing your seatbelt. While not wearing a seatbelt can certainly complicate your injury claim, it does not necessarily bar you from recovering damages.
An experienced lawyer will be able to analyze the unique facts of your case and help prove that the other driver was more at fault for the accident. With our help, you’ll be able to obtain a fair settlement for any injuries or damages sustained as a result of the crash.
So don’t hesitate to reach out for legal assistance – especially because we offer each new client a free case review. Call us to schedule your initial appointment: 864-310-7897!
