Are seat belt violations relevant to accident lawsuits in Prairieville?
Prairieville, LA – Jurisdictions throughout the United States have passed laws that attempt to keep drivers safe. Seat belt laws are one of the most common ways that this is done, as research has shown that fatal injuries are much less likely to occur to secured drivers and passengers.
Louisiana seatbelt laws
The state requires all drivers and passengers to be wearing a seatbelt at all times while in a car. Children who are too small for standard seatbelts need to be secured by child car seat restraints or other similar safety features. Laws for child seats apply to those under the age of 6 or those who weigh less than 60 pounds.
There are a few limited exceptions to wearing seatbelts. Certain jobs such as those who use farm equipment at low speeds, mail and news carriers, and utility workers who drive at low speeds do not have to wear seatbelts while working.
Causation and seatbelt violations
An important aspect of a negligence lawsuit is causation. This is an element that must be proven by a plaintiff who wants to collect compensation. However, wearing or not wearing a seatbelt is not relevant to the actual cause of the car collision. Usually, some kind of negligent behavior like distracted driving, speeding, drunk driving, or illegal turns are considered actual causes.
Comparative negligence
In theory, the lack of proper seat belt use could be considered comparative negligence in some situations. This means that the driver could have contributed to their own injuries by not being properly secured, and their damages will be reduced accordingly. Under Louisiana law, there is no amount of contributory negligence that will prevent the lawsuit from being filed, but it is possible that there can be a significant reduction in damages if a high amount of comparative negligence is attributed to the plaintiff.
Louisiana does not allow evidence of seat belt use in accident lawsuits
Despite these concerns, Louisiana has specifically passed a law that protects drivers who were not wearing seat belts. The theory behind the law is that the driver should not be punished or unable to collect any compensation if they were not wearing their seatbelt. The evidence of whether a seat belt was worn or not is not to be considered by a jury in an accident lawsuit. Sometimes, this is referred to as the seat belt gag rule.
Assistance from a local lawyer
Miller, Hampton, and Hilgendorf is a firm that handles personal injury lawsuits and motor vehicle accidents for clients in Prairieville. Anyone who needs to speak with an attorney who is licensed in Louisiana can contact the firm to learn more.
Firm contact info:
Miller, Hampton, and Hilgendorf
3960 Government St., Baton Rouge, LA 70806
225-343-2205
www.mlhlaw.com
