Can a driver file a lawsuit if they were not wearing a seatbelt during an accident in Merrydale?
Merrydale, LA – Seatbelt use is required by law in every jurisdiction in the United States. These devices are a convenient safety feature, and they tend to prevent the most serious kinds of injuries and fatalities after a motor vehicle collision. Louisiana and every other state has made their use mandatory for this reason, and drivers can receive a ticket for not wearing their seatbelts. However, there are also other issues related to how safety features can factor into an accident lawsuit.
Seatbelt use and negligence
A driver can attempt to bring a lawsuit against a driver at fault, even if they did not utilize all available safety features. It is up to the jury after a trial or the people present at settlement negotiations to consider all of this evidence when deciding on negligence. Each state has variations in their laws regarding whether evidence of the plaintiff’s seatbelt use is admissible for the purposes of a negligence case.
Comparative negligence and accident lawsuits
Louisiana uses a system of negligence that allows drivers to file cases and collect damages even when they are partially at fault for their own injuries. This system is called comparative negligence.
In these kinds of lawsuits, fault for the accident can be divided between everyone involved to equal one hundred percent. If the plaintiff was partially at fault for their own injuries due to lack of safety precautions or other issues, this will merely reduce their damage award relative to their level of fault. They will still be able to collect damages from a defendant who is only somewhat at fault for the accident.
Louisiana does not allow evidence of seatbelt use in negligence cases
Some states have barred the use of evidence related to whether a plaintiff was wearing a seatbelt or not as a defense against negligence or a way to reduce damages. This is because a negligence case has to prove that the cause of the accident was the defendant’s lack of care. The plaintiff’s lack of a seatbelt has nothing to do with the defendant’s behavior or culpability.
Louisiana is one such state that does not allow the plaintiff’s lack of seatbelt use to affect their damage award. This means that accident victims should generally not be concerned about the seatbelt issue affecting their case, unless advised otherwise by their attorney.
More information about accident cases in Louisiana
Miller, Hampton, and Hilgendorf is an accident firm that helps people in the Merrydale area and other parts of Louisiana. Their lawyers have extensive experience in all aspects of personal injury law and other issues related to motor vehicle accident lawsuits.
Firm contact info:
Miller, Hampton, and Hilgendorf
3960 Government St., Baton Rouge, LA 70806
225-343-2205
www.mlhlaw.com
