Attention to detail is essential when instituting a personal injury claim. Little things can significantly affect your claim. One often overlooked factor is seat belt use or lack of use.
Seat belt laws are essential in personal injury cases arising from motor vehicle accidents in Connecticut and several other states. A local personal injury attorney can help you handle your claim.
This piece delves into the relationship between seat belt laws and personal injury claims:
Table of Contents
The Legal Framework of Connecticut’s Seat Belt Laws
The state has strict belt laws to enhance road safety and reduce threats related to vehicle mishaps. The laws are primary and secondary enforcement. We will consider the two briefly:
Insights into Primary Enforcement
The primary enforcement of seat belt law empowers the police to stop and ticket motorists or passengers for failing to wear a seat belt. In other words, a law enforcement officer can pull you over if they notice that you or your passengers fail to wear seat belts, even in the absence of other traffic breaches. This enforcement law applies to every vehicle occupant, age notwithstanding.
Insights into Secondary Enforcement
Conversely, some jurisdictions’ secondary enforcement seat belt laws only allow the police to give seat belt citations if they have pulled a car over for another breach and then noticed a lack of seat belt compliance.
Until 2021, Connecticut had secondary seat belt laws for every backseat passenger under 16. However, the new law requires every backseat passenger to wear a seat belt.
The Influence on Personal Injury Matters
Apart from knowing the law, it is also crucial to understand how the law affects personal injury matters.
What Negligence and Contributory Fault Entail
Connecticut runs a modified comparative negligence system. The court will consider every party’s fault or blame in personal injury matters. The court may reduce your compensation in proportion to your extent of fault if they discover that you are partially responsible for your harm.
The state can consider failure to use a seat belt as contributory negligence. For instance, if wearing a seat belt would have reduced the impact of your injuries in an accident, but you failed to, it may reduce your compensation.
The Threshold of Comparative Negligence
Connecticut has a distinct comparative negligence threshold. This threshold stipulates that you may not get any compensation if you are 50 percent or more responsible for your harm.
Using a seat belt can significantly influence the determination of this threshold. If your failure to use a seat belt substantially contributes to your injuries, it may suggest that you are 50 percent or more guilty, potentially denying you compensation.
Defense of Seat Belt Violation
Connecticut personal injury laws allow defendants to raise the “seat belt defense.” Under this defense, the defendant argues that the plaintiff’s harm would have been intangible or non-existent if the plaintiff had worn a seat belt during the mishap.
The defendant must establish two crucial elements for this defense to be potent:
Seat Belt Non-Usage
You must prove that the plaintiff did not wear a seat belt when the accident happened. You can use police reports, witness testimony, or other evidence types to establish this point.
Causation
You must also establish that wearing a seat belt would have substantially minimized the plaintiff’s injuries. It usually needs expert medical testimony to prove a direct relationship between the lack of seat belt use and the injuries’ severity.
Limitations to Seat Belt Defense
Connecticut’s seat belt defense comes with its limitations. Successfully proving that the other party did not wear a seatbelt does not automatically absolve you of all blame. The court will still assess other factors, such as your negligence, to justly determine blame and damages.
Knowing the Exceptions to Seat Belt Laws
There are some exceptions to Connecticut’s seat belt laws. Legal professionals must understand these exceptions when assessing the influence of the non-usage of seat belts on a personal injury matter. The two main exceptions are:
Commercial Vehicles
Seat belt laws apply distinctly to commercial motor vehicles. While the law expects all passengers in a private vehicle to wear seat belts, the rules differ for commercial vehicles, such as buses.
Medical Exemptions
Connecticut law provides medical exemptions to seat belt requirements. The law may not apply to an individual that a licensed physician certifies as medically unfit to wear a seat belt.
Techniques for Personal Injury Matters
Personal injury attorneys must consider numerous techniques when dealing with matters where seat belt usage is central.
The strategies include:
Thorough Investigation
It is essential to thoroughly investigate a matter involving a seat belt usage dispute. You must examine police reports, consult medical experts, and gather witness statements to establish the effect of wearing a seatbelt on the harm. You will know if the outcome would have differed.
Speak with Medical Professionals
You need medical experts’ input to prove causation. You can obtain expert testimony on their injuries and how wearing a seat belt could have altered the dynamics. You can use this expert testimony to counter the seat belt defense.
Consider Comparative Negligence
Personal injury attorneys should carefully consider whether seat belt non-usage could push the injured individual over the comparative negligence threshold. If it does, it can affect the likely outcome of the matter.
Negotiation and Settlement
Sometimes, going through the negotiation and settlement route may be preferable. Most personal injury cases end through this avenue. Local car accident lawyers will use their understanding of Connecticut’s seat belt laws to negotiate favorably for their clients.
“Insurers may try to strong-arm you into settlement negotiations without your lawyer’s input. You should reject such offers, as they are ploys to shortchange you,” says personal injury attorney Mike A. D’Amico.
Get an Attorney for Representation
Engaging a Connecticut car accident attorney versed in seat belt laws is essential. Your lawyer will help defend your rights and prevent the other party from taking undue advantage of you.
In conclusion, it is essential to promote seat belt safety to minimize the severity of injuries in accidents and make our roads safer.
