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Legal team of Tremont Sheldon P.C.

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.

Call Today For A Free Consultation

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.

Auto Accident Frequently Asked Questions

What is a personal injury attorney?

A personal injury attorney represents victims and their families who have been injured due to someone’s negligence or reckless actions. A personal injury attorney can help you find justice after an accident by pursuing compensation to help pay for your medical care, lost wages, pain and suffering and damages depending on your case.

When should you contact a lawyer after a car accident?

You should call a lawyer before you speak to the insurance company. An attorney can protect your rights by collecting evidence, evaluating all options for recovery and negotiating with the insurance company to maximize the compensation in your case.

When should you hire an attorney after an accident?

Hiring an attorney is a big decision, especially after you have been injured. However, it is one that should be made as soon as possible so your right to file a claim is protected.

What are your rights after a car accident?

You have the right to pursue a legal claim against the driver responsible for the accident. To protect yourself, do not admit fault after an accident. You also do not need to make statements to the insurance company or sign any settlement agreements without consulting a lawyer first. Speaking to a lawyer can help you protect your right to file a lawsuit after an accident.

Who Pays Your Medical Bills If You Were Injured In A Car Accident?

Connecticut is a “fault” insurance state. This means that if the other driver was at fault for the accident, their insurance company is responsible for paying for your losses, including medical bills. However, the insurance company will not pay your damages until your claim is resolved. At Tremont Sheldon P.C. in Bridgeport, we can help, but it can take several months. In the meantime, you will need to find another way to pay your bills. Your options may include:

  • A personal medical insurance policy
  • Group medical coverage through your employer
  • Medicare or Medicaid

The most important thing to do after an auto accident is to obtain medical coverage and follow your doctor’s treatment plan for your recovery. If you fail to see a doctor or discontinue treatment, two things can happen:

  • You may be left with a chronic condition that can keep you from living your life to the fullest.
  • The insurance company of the at-fault driver may decline your personal injury claim.

What If You Are Uninsured?

What If You Are Uninsured?

If you are in a car accident and do not have medical insurance, our lawyers can help you find a doctor who will provide you with treatment in exchange for a lien on your personal injury settlement or verdict. This is called a letter of protection.