How Not Wearing a Seatbelt Affects Your Injury Claim in Kentucky

With an estimated 15,000 lives being saved due to seatbelt use each year, there is no denying the benefits of wearing safety restraints in a moving vehicle. Furthermore, vehicle occupants who choose to skip wearing a seatbelt increase their risk of serious injury by 50% and death by 45%. While a seemingly unwise decision, not wearing a seatbelt does not automatically bar you from compensation, although it can substantially reduce your award.

If you have recently fallen victim to a collision, our car accident attorneys in Newport, KY, are here to protect your rights. Our legal team will handle all communications with insurance on your behalf, litigating your case if needed to secure the compensation you deserve.

Kentucky Seatbelt Law

Kentucky law requires all drivers and passengers to wear seat belts. Children under 40 inches in height must be secured in a child restraint system, and children between 40 and 57 inches in height must be secured in a booster seat. If anyone is not wearing a seatbelt, a police officer may issue the driver a ticket.

How Does Violation of the Law Impact Compensation in a Newport Car Accident?

Car accident compensation is based on both liability and damages. While wearing a seatbelt will most likely not affect liability, it can impact your ability to recover damages. Insurance companies are interested in padding their pocketbook, not maximizing your benefits. Repeated studies have shown that wearing a seatbelt reduces a person’s risk of serious injury and death. The insurance company may argue that you failed to minimize your damages or accident-related losses by not buckling up. This could limit your ability to recover for lost income, surgeries or treatments, prescriptions, vehicle repairs, and pain and suffering damages.

How an Accident Attorney Can Help You

If you are not wearing a seatbelt, this evidence will come to light when the insurance company investigates your claim. Failing to wear a seatbelt can reduce damages and potentially result in a denial of claim. Undoubtedly, the insurance company will investigate the specifics of the collision to show how you failed to wear proper restraints, which caused you substantial harm.

Kentucky practices comparative negligence, allowing individuals to recover in an accident if they are not found 100% at fault. If your case goes to court, KRS 411.182 (2) states that a judge or jury must consider both the nature of your actions and the relationship between your actions and harm sustained in determining liability. At Wilt Injury Lawyers, we are dedicated to seeking justice.

While it is impossible to travel back in time and buckle up, we are adamant in discovering if your actions contributed to your crash. Our car accident lawyers work with forensic specialists and accident reconstructionists to examine the intricacies of your accident and find out what happened. If blame is incorrectly assigned to you, you can rest assured that we will advocate on your behalf.

Forget to Buckle Up? Reach Out to Our Injury Lawyers Today

A car accident can result in physical, financial, and emotional hardship, making it difficult to return to the life you once knew. Our injury attorneys have seen the distress a crash causes the victim and their loved ones.

We believe that car accident victims should be made whole again, which drives us to continue fighting for our clients’ rights. For over thirty years, we have helped individuals recoup maximum compensation and are ready to work for you. To learn how we can assist you in your car accident case, contact us online or give us a call today.