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Can I Make a Claim in Bowling Green If I Wasn’t Wearing A Seatbelt?

December 27, 2021 By Flora Templeton Stuart

In Kentucky, wearing a seatbelt while traveling is the law. This can protect you from fatal injuries or even death. However, some people choose not to wear seatbelts and are likely to face catastrophic injuries if they’re involved in a road accident.

In Kentucky, failure to wear a seatbelt can reduce your damages or the amount you collect for contributing negligence. To reduce your damages for not being belted, the insurance company must prove you had one available, did not wear it, and you would not have sustained the injuries you are claiming if you had been wearing one. At Flora Templeton Stuart Accident Injury Lawyers, we cover all bases to make sure the seatbelt defense won’t reduce your recovery.

If you were injured while not wearing a seatbelt, our Bowling Green car accident attorneys can help you file a claim. Our attorneys are well experienced with an array of road accident claims, having secured millions of dollars in personal injury compensation.

What’s In This Guide:

What Does the Law Say About Seatbelts?

Road accidents are some of the most common types of accidents in Kentucky. Each year, thousands of people are injured in car accidents, many of which could have been prevented if the victims had been wearing their seatbelts.

Kentucky law requires drivers and passengers above 8 years old to wear safety belts when traveling in vehicles and younger kids to be in car seats. There are a few exceptions to this rule, including:

  • Medical or childcare needs of the person being transported.
  • Operating a motorcycle, where wearing a safety belt (helmet required in some cases) would interfere with the operation of the bike.
  • In a vehicle where seat belts are not available – such as a classic car – or the seat belt is inoperative.
  • Seatbelts that require two people to operate them at all times – you can’t wear a seatbelt alone.

Comparative Negligence in Kentucky

Kentucky is a comparative negligence state. This means that the court will consider the percentage of fault of each party involved in the accident when awarding damages. If you’re found to be partially at fault for your injuries, your claim may be reduced by the percentage of fault attributed to you.

For instance, if you’re awarded $10,000 in damages but are found to be 50% at fault for the accident, you’ll receive $5,000 in damages.

Your attorney can help reduce your contributory negligence and increase your chances of recovering adequate compensation by hiring experts to prove the seatbelt would not have prevented your injuries, such as in a rollover convertible or where the vehicle is crushed.

Injuries From not Wearing A Seatbelt

There are various types of injuries that you can file a claim for if you were injured in an accident while not wearing a seatbelt. These injuries can include :

  • Broken bones
  • Neck and back injuries
  • Lacerations
  • Traumatic brain injuries
  • Internal bleeding

If you were injured in an accident, it’s important to seek medical attention immediately. This will help document your injuries and improve your chances of making a successful claim.

Does Not Wearing a Seatbelt Affect My Insurance Claim?

Fatal car accidents are tragic and often times the result of not wearing a seatbelt. In many cases, those who don’t wear their seatbelt will file an insurance claim after the fact to cover damages that they incurred as a result of their actions. However, your insurance company may put you partially at fault for not wearing a seatbelt.

If you’re found to be at fault for not wearing a seatbelt, your insurance company or the court may reduce the amount they pay. If you’ve been injured in an accident while not wearing a seatbelt, it’s important to consult with an experienced car accident attorney as soon as possible.

When Can I Make a Claim If Not Wearing Seat Belt?

It’s true that injuries sustained from an accident could have been prevented with the right safety gear, but it doesn’t change your eligibility for compensation, as there could be many reasons why a person isn’t wearing a seat belt.

You can collect damages after an accident, even if you weren’t wearing your seatbelt. It’s important to have an experienced attorney by your side who understands the law to help you fight the legal battle for compensation from your insurance company.

How Much Can I Claim If I Wasn’t Wearing A Seatbelt?

If you can prove that the other driver was negligent and that your injuries would have been prevented if you were wearing a seatbelt, you can file a claim.

The amount of compensation that you can receive will depend on the severity of your injuries. If the seatbelt would have prevented the injuries, you will likely be able to recover damages for medical expenses, lost wages, and pain and suffering.

When it comes to financial compensation for your injuries sustained in an accident, it is important that you seek professional advice from Bowling Green attorney, Flora Stuart about making a claim. We can assess your case and let you know if filing for damages is possible.

Flora inspecting vehicle damage

Let Flora Templeton Stuart Help you Get Full Compensation

If you were involved in a car accident and weren’t wearing your seatbelt, the insurance company may try to deny or reduce your claim. It is important to contact a personal injury lawyer who can help protect your rights and maximize compensation for injuries sustained. Having successfully handled many such cases like yours before, the experienced accident attorneys at Flora Templeton Stuart can help examine all aspects of your particular case. Contact us today for a free case evaluation; we will help you to better understand your rights and eligibility to file a claim. We are a Bowling Green law firm dedicated to helping the injured.

Author Photo

Flora Templeton Stuart

Flora Templeton Stuart is the lead attorney and founder of the law firm Flora Templeton Stuart Accident Injury Lawyers, established in 1976. Flora goes to work every day to make a difference in her community and the lives of her clients. When you call you will get a personal representation and an attorney who truly cares.