When you’ve been injured in a motor vehicle accident that was the fault of another you are entitled to compensation for your losses, but what happens to your personal injury claim if you are not wearing a seatbelt in an accident?
Seatbelts are important safety equipment to be used when operating your vehicle. They help decrease or prevent injuries when motor vehicle accidents occur. According to the Nova Scotia Transportation and Infrastructure Renewal, your chances of being killed are five times greater when you are thrown from your vehicle. Seatbelts help reduce this risk by keeping drivers and passengers from being ejected through doors. So, what are the impacts of not wearing a seatbelt on a personal injury claim?
The Automobile Insurance Contract Mandatory Conditions Regulations, state the following in regard to a failure to wear a seatbelt:
10 (1) Limitation where seat belt not worn - Unless exempt by law from the requirement in the Motor Vehicle Act to wear a seat belt, where an injured person was not wearing a seat belt at the time of an incident, there shall be a reduction of at least twenty-five per cent in damages for bodily injury or death arising directly or indirectly from the use or operation of an automobile in respect of the incident.
This means that if you’ve been injured in a motor vehicle accident and are seeking compensation, but you did not wear your seatbelt, you will see a minimum reduction of 25% in damages. This reduction applies unless you are exempt by law from the requirement to wear a seatbelt.
For example, if you were entitled to compensation in the amount of $100,000.00 for the bodily injuries you suffered, but you did not wear a seatbelt, you would be entitled to only $75,000.00.
Contributory Negligence:
The meaning of the term “Contributory Negligence” is that you bear some responsibility for your own injuries. It is a reduction in the compensation you may otherwise be entitled to as a result of your own conduct.
When negotiating an injury claim, insurance companies may allege you were contributory negligent and should accept less than the value of your claim.
You may well ask: “If I wasn't wearing a seatbelt, can I still make a car accident claim?” Even if you were not wearing a seatbelt you can still make a car accident claim, provided the accident was the fault of another. Whether you have in fact been contributory negligent requires an examination of the facts surrounding the accident. A personal injury lawyer can help you determine whether you bear any responsibility for your injuries.
Contact a Personal Injury Lawyer Today for a Free No Risk Consultation:
If you’ve been injured in a car accident, the experienced personal injury lawyers of Lenehan Musgrave LLP can help.
Contact Kyle Campbell, Lenehan Musgrave’s experienced personal injury and car accident lawyer today for a free no-risk consultation about your personal injury claim.
