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Understanding Kentucky Seatbelt Accident Claims
You can still recover damages if you weren’t wearing a seatbelt during a motor vehicle accident in Kentucky. Not wearing a seatbelt won’t automatically disqualify you from getting compensation. It can, however, affect the amount of damages you can recover. Because Kentucky follows a comparative negligence rule, the court can reduce your damages if your injuries were caused in part by or made worse by not wearing a seatbelt. In practice, this issue boils down to evidence and expert testimony, rather than assumptions.
At Wilt Injury Lawyers, when you have one of our Louisville car accident attorneys handling your case, they can ensure a simple mistake like forgetting to buckle up doesn’t become an excuse for an insurer to shortchange your compensation.
What the Law Says About Wearing Seatbelts in Kentucky
Kentucky’s seatbelt requirement states that drivers and passengers must wear seatbelts. You may be given a criminal citation, but not buckling up doesn’t automatically make you at fault in a motor vehicle crash.
Side impacts, seatbelt malfunctions, and high-speed collisions can all cause severe injuries regardless of restraint use. If the defense can’t prove that connection, your financial recovery shouldn’t be reduced. That’s where a lawyer’s ability to challenge assumptions and present physical and medical evidence becomes essential.
The Damages You May Still Recover
Insurance providers are quick to weaponize details like missing seatbelts to lower settlement values. However, you can still pursue compensation for the following, even if you weren’t wearing a seatbelt:
- Medical care, including surgeries, therapy, and rehabilitation
- Lost income and reduced earning capacity, if your injuries keep you from working
- Future medical needs, especially if you face permanent limitations
- Physical pain and emotional distress, for the day-to-day losses that don’t show up on your bills
Keep in mind that the law doesn’t erase your right to recover. It does, however, require your Louisville car accident attorney to build a stronger connection between the other driver’s negligence and your injuries.
How a Louisville Car Accident Lawyer Strengthens Your Claim
When insurers learn you weren’t buckled up during the accident, they will assume and try to prove that you violated the state seatbelt law and that you are partially responsible for your injuries. Under Kentucky law, that second claim only holds water if the defense proves your lack of restraint made things worse. It’s not enough to point to a citation because they must connect the dots with tangible evidence that it affected your degree of injury.
With a seasoned Louisville car accident lawyer working on your case, they can:
- Reconstruct the crash to show how the other driver caused the collision
- Use medical evidence to separate inevitable injuries from preventable ones
- Anticipate and defuse seatbelt arguments before they reach a jury
In other words, a Louisville car accident attorney makes sure the focus stays on the driver who caused the wreck and the compensation you’re entitled to receive under the law.
Seek Legal Guidance from Our Louisville Car Accident Attorneys Now
If you suffered injuries in a crash, even without a seatbelt, you may still have a valid case for compensation. To find out more about how much you can recover, reach out to our Louisville car accident lawyers. You can arrange your no-cost case evaluation by calling 502-427-6813 or contacting us online.