CAN YOU SUE IF YOU WERE NOT WEARING A SEATBELT IN THE CAR?

In Atlanta, navigating the aftermath of a car accident can be complex, especially if you were not wearing a seatbelt at the time of the incident. At Gunn Law Group, we understand your concerns and are here to assure you that compensation may still be within reach.

Understanding Comparative Fault and Seatbelt Laws: To secure compensation, it’s essential to establish the fault of the other party involved in the accident. Your Gunn Law Group attorney will strive to prove the other driver’s negligence—demonstrating their failure to act as a reasonably prudent person would under similar circumstances, leading to the accident and your subsequent injuries.

However, the defense may attempt to shift some blame onto you, especially if you were not wearing a seatbelt, potentially portraying you in an unfavorable light. Such a scenario could influence the assessment of damages.

Mitigating Damages and the Role of Seatbelts: In personal injury claims, plaintiffs are expected to mitigate damages. For instance, delaying medical treatment post-accident could be argued as exacerbating injuries. Similarly, not wearing a seatbelt might be construed by the defense as contributory negligence, suggesting that your injuries could have been less severe with proper seatbelt use.

The Impact of Modified Comparative Fault in Georgia: Georgia’s modified comparative fault rule allows for compensation even if the plaintiff bears some fault. Should the court find you partially responsible, your compensation could be reduced proportionally to your degree of fault. For example, being found 10% at fault for not wearing a seatbelt could reduce your total damages by 10%.

Settlement Negotiations and Partial Fault: Most car accident cases are resolved through settlements, where the issue of partial fault due to not wearing a seatbelt may arise during negotiations. Rest assured, your Gunn Law Group attorney will adeptly navigate these discussions, ensuring your interests are vigorously represented.

Why Choose Gunn Law Group: If you’ve been injured in a car accident, Gunn Law Group is here to support you in pursuing the compensation you deserve, even if you were not wearing a seatbelt. Our experienced team will guide you through the legal process, emphasizing the importance of transparent communication about all aspects of your accident.

To discuss your case and explore your legal options, reach out to Gunn Law Group at 888 244 4866 and schedule your complimentary consultation. Let “the Big Gunn” advocate for your rights and help secure the justice and compensation you need to move forward.

FREE CONSULTATION

Related Blogs

HAVE YOU BEEN INJURED IN AN ACCIDENT?