Can You Still Sue If You Were In A Car Accident But Weren’t Wearing A Seat Belt?
Connecticut law requires all drivers and passengers to wear seat belts. You can be fined $92 for not wearing your seat belt or having a passenger wear one. The law does not prohibit the driver or passenger from filing a claim if they are involved in an accident and were not wearing a seat belt. Depending on the accident and the type of injuries that were sustained, the lack of seat belt use might not affect the case.
If you intend to sue the other parties involved, you have two years from the date of the accident to file a claim in a car accident case, otherwise known as a statute of limitations. After two years, you will not be able to file a lawsuit. You are allowed to file a claim regardless of whether you were wearing your seat belt during the accident.
Connecticut follows a modified comparative negligence principle when it comes to car accident compensation cases. Under this rule, you would be able to recover damages as long as you are less than 50% at fault. However, if you are more than 50% at fault, the court will not allow you to collect any damages.
Here is an example: You are suing a driver for damages arising out of a car accident. At trial, the jury decides that the total amount of damages is $100,000. The jury also decides that you were 10% at fault and that the other driver was 90% at fault. In that case, you would be able to recover 90% of $100,000, or $90,000.
If you sustained more serious injuries due to the lack of a seat belt, you are still able to sue and claim your medical bills relating to those injuries.
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Please contact us at Tremont Sheldon P.C. today by calling 203-212-9075 or sending an email through our website to see how our lawyers can help. It is important to call soon after your accident.