When worn, seatbelts are a necessary safety component. When a seat belt does not properly restrain a driver or passenger, it may result in serious or fatal injuries. The population group that uses seatbelts the least frequently is young men between the ages of 20 and 39, according to the Colorado State Patrol.
Getting the compensation you deserve is essential.
It may or may not be accurate, as claimed by the insurance company or its counsel, that the victim’s agony and suffering were made worse by the absence of a seatbelt. Whether or not a person is buckled in, some injuries in car accidents still happen. Your personal injury attorney’s skill and experience are crucial in this situation. Before you agree to a settlement, contact Cimarron Ridge Legal Group to explore your situation.
Seatbelt Use and Injury in Auto Accidents
When a driver or passenger is not wearing a seatbelt, the injuries they may receive in a crash might be deadly or life-altering. The following are typical severe wounds:
- TBI (traumatic brain injuries)
- Injury to the spinal cord
- A fractured limb
- Intense cuts and bruises
- Injury to internal organs
What Effect Will Seatbelt Use Have on a Settlement or Jury Award?
Even when a driver was plainly at fault, insurance companies would use every trick in the book to either reject or significantly lower the amount of a claim for injuries. Claims in Colorado are assessed using the legal theory of comparative blame. The wounded party may be held partially responsible for the seriousness of the damages received where multiple drivers were irresponsible (including failing to use a seatbelt).
Each person or entity who contributed to the accident may be held legally responsible for a portion of the losses under the idea of comparative negligence. Even so, you are still eligible to receive compensation if there is proof that you were not buckled up. It is possible or unlikely to have the value of the compensation for pain and suffering decreased. According to C.R.S. 42-4-237(7), which states:
“Evidence of failure to comply with the obligation of paragraph (2) of this section must be admitted to lessen damages concerning any individual involved in a motor vehicle accident who attempts in any later litigation to recover damages for injuries resulting from the accident. Such mitigation cannot reduce compensation for lost wages or medical expenses. Instead, it must be used only to reduce awards for pain and suffering.”