Can I still sue if I was in a car accident but wasn’t wearing my seatbelt?
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, if you intend to sue the other parties involved. After two years, you will not be able to file a lawsuit. You are allowed to file a claim whether you were wearing your seatbelt or not during the accident.
Connecticut law requires all drivers and passengers to wear seatbelts. You can be fined $92 for not wearing your seatbelt 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 seatbelts. Depending on the accident and the type of injuries that were sustained, the lack of seatbelt use might not affect the case.
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% or more 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 the total amount of damages is $100,000. The jury also decides that you were 10% at fault and the other driver 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 seatbelt, you are still able to sue and claim your medical bills relating to those injuries.
Please contact Tremont Sheldon PC today to see how we can help. It is important not to delay and call soon after your accident.