Is your Louisville injury claim lower if you weren’t wearing a seatbelt at the time of the accident? What are Kentucky’s seat belt laws? What happens if you are injured in a car accident, truck crash or motor vehicle accident and aren’t wearing a seat belt? Will that affect the money you are able to recover for your injuries?
The short answer is “yes.” Kentucky is a “pure comparative negligence” state. This means This law basically acknowledges two parties who are involved in an accident may each share a portion of the fault. For example, if a car unexpectedly turns left in front of you and you crash into the side of that car a judge or jury might say the driver making the turn was 90% responsible for the accident, but believe you did not approach the intersection with enough caution and therefore were 10% responsible.
If you weren’t wearing a seatbelt at the time of the accident you have (in the eyes of Kentucky law and many judges and juries) contributed to the severity of your own injuries. This will increase your share of pure comparative negligence and reduce the amount of any financial award based upon your injuries.
This will in all likelihood make your Louisville injury claim lower if you weren’t wearing a seatbelt when you were injured.
The experienced Louisville personal injury attorneys at HLH have decades of experience with accidents resulting in injury. We urge everyone to fasten your seat belt and ensure all passengers in the vehicle are belted in as well. It’s not only the law in Kentucky, it is for your own protection and safety. In the event of an accident it may also make a financial difference in the resources you have to cover your expenses and recover from injuries.
If you or someone you love is injured in a Louisville accident we invite you to contact HLH or call (866) 583-9701 for a free consultation.