- September 23, 2024
- Tucker Law
- Car Accident Lawsuits
One of the most distressing things you can live through is a serious car accident. Your injuries could keep you in the hospital for days, and you could even suffer long-term health consequences that prevent you from fully enjoying your life. Of course, all of this can also land significant blows to your finances, which is why filing a claim to get compensation can be crucial. But what happens if you weren’t wearing your seat belt when the accident occurred? Can you still recover damages? There are some important things you need to know about seat belt laws and your responsibility while on the road.
If you’ve suffered losses in a car accident and you’re worried about whether you’ll be able to get compensation, the team of New York car accident attorneys at Tucker Lawyers offers the tenacious representation you deserve. Learn more about how not wearing a seat belt can affect your car crash claim and your options for collecting damages.
Contact our team of car accident lawyers by calling Tucker Lawyers at (516) 399-2364.
Seat Belt Laws and Your Responsibility While on the Road
Understanding New York Seat Belt Mandates
To help reduce the number of car accidents that result in catastrophic injuries and fatalities, New York passed a law in 2020 that requires every vehicle occupant to wear a seat belt, whether they are passengers or drivers. If you don’t do so, you can get a ticket. If there’s a person under the age of 16 riding in the vehicle and they’re not wearing a seat belt, the driver of the car or the child’s parent or guardian could be the one who receives the ticket.
How Not Wearing a Seat Belt Can Affect Your Car Accident Claim
New York follows no-fault laws regarding collisions. Essentially, this means that if you’re in a car accident and you suffer losses, you can file a claim with your insurance company regardless of who caused the accident. However, these claims provide only limited compensation. If you suffer serious injuries, filing with your insurance company may not be enough to cover your losses. You then have the option of filing a personal injury claim against the person who caused the accident.
If you weren’t wearing a seat belt, the at-fault party can use that against you. This is called the seat belt defense. Under this defense, you could be required to cover part or all of the costs associated with your injuries. You still have recourse, though. If you can prove that you would have sustained the same injuries if you’d been wearing a seat belt, you’ll likely still be able to recover damages.
At Tucker Lawyers, we offer free and timely consultations so you can begin your claim right away.
Your Options for Collecting Damages
If you suffer minor injuries, you can file directly with your insurance company. Your insurer will only cover some medical expenses and lost wages. Often, that’s not enough. If you suffer serious injuries, New York allows you to step outside of no-fault laws and sue the liable party. This requires that you prove negligence.
By filing a lawsuit against the other party, you can recover economic and non-economic damages. These can cover financial losses that a no-fault claim might not have touched, including loss of earning potential if your injuries are so severe they prevent you from working. Crucially, you can also claim non-financial losses. These compensate you for the emotional and physical distress you’ve endured and for not being able to live your life as you did before the accident.
In the event that the collision causes the death of a loved one, non-economic damages also include loss of consortium. Loss of consortium compensates you for the loss of companionship and support you’ve suffered.
Protecting Your Rights After a Car Accident
Why Hiring a Lawyer Is Vital
If you were in a car accident and want to file a lawsuit against the at-fault party, you need to hire our team of personal injury lawyers — especially if you weren’t wearing your seat belt at the time of the crash.
To protect your rights after the collision, you need aggressive representation from people who can demonstrate that you would have suffered injuries even if you had been wearing the seat belt. Our team has contacts with some of the leading accident reconstruction professionals as well as healthcare providers who can offer corroborating testimony.
Negotiations with insurance companies can get contentious, and that’s even more likely if they want to use the seat belt defense against you. We have decades of experience fighting to get fair compensation for our clients, and this means that we know all of the tactics insurers can use to get away with paying less than you deserve. With us by your side, you also have the option of going to court if you’re not getting a fair deal.
The last thing you want to worry about while getting treatment for your injuries is the legalities involved in a personal injury claim. By hiring our experienced lawyers, you can recover while we fight for what you deserve.
Trust Tucker Lawyers With Your Car Accident Claim
If you’ve suffered losses in a collision and you weren’t wearing a seat belt when the accident occurred, contacting a lawyer as quickly as you can is essential. At Tucker Lawyers, we can help with everything from gathering evidence to demonstrating you deserve compensation to advocating for you in court.
We combine our years of experience with a fierce dedication to our clients. Because we understand just how difficult the entire claims process can be on you, we offer ongoing support so you always have the answers to your questions. Also, you don’t have to worry about paying us upfront for any of our services. We only get paid if we win.
Schedule a free consultation with one of our car accident lawyers by calling (516) 399-2364.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]