When it comes to seatbelt use and car accident claims, you need to understand the seatbelt laws in Washington. Every detail in a car accident case can affect the outcome, especially when it comes to something like seatbelt use, which could impact the extent of your injuries.
If you have been the victim of an auto accident in Washington, you need to hire a personal injury lawyer in Vancouver, WA, to represent you. At Henderson Taylor Law Firm, our team of auto accident attorneys has extensive experience handling car accident cases and can provide you with seatbelt defense in a car accident.
Keep reading to find out how seatbelt use and car accident claims can impact one another and whether you can still receive no seatbelt injury compensation in WA.
Washington Seatbelt Laws
Like the majority of states in the US, Washington law requires all drivers and passengers to wear seatbelts. This law encompasses special considerations as well, such as pregnant women, infants, and children.
Failure to follow this law could result in you receiving a ticket or an infraction if you are pulled over.
Despite the fact that wearing a seatbelt is a legal requirement, many drivers may fail to do this. Some people simply find seatbelts to be uncomfortable and cumbersome, while others may not want to face the potential risks. Although seatbelts are designed to prevent some of the more severe auto accident injuries, they can result in things like shoulder, spinal, and rib injuries if you’re in an accident.
Can You File a Claim If You Weren’t Wearing a Seatbelt?
If you were injured while not wearing a seatbelt, your number one concern is probably whether or not you can still receive compensation. The good news is that failing to wear a seatbelt does not automatically disqualify you from being able to file a claim.
Washington has comparative negligence laws that allow victims of car accidents to pursue compensation from the at-fault driver. These laws also mean that both parties can be partially at fault and can receive compensation from each other. Depending on your percentage of fault, a portion of your compensation will be deducted.
While driving without a seatbelt does not contribute to your percentage of fault, it can make it more challenging to get compensation from insurance carriers. For example, they may argue that your injuries were your fault since you failed to take the necessary precaution of wearing a seatbelt. This could result in you receiving a much lower compensation amount that may or may not be enough to cover the extent of your damages.
So, if you have been involved in a car accident without a seatbelt in Washington and are pursuing a partial fault car crash settlement, you need to hire a personal injury lawyer. A lawyer will be able to help you file your claim, gather evidence, and negotiate with insurance companies.
Getting legal representation is the best way to ensure you get the compensation you are entitled to and aren’t pushed around by insurance carriers.
Proving Your Right to Compensation
Now that you know the challenges of getting compensation in an accident where you weren’t wearing a seatbelt, what can you do to prove your right to compensation? There are certain steps you should take to establish the extent of your injuries and who was at fault in the accident. Doing this can help you prove that you deserve compensation for your damages, even if you weren’t wearing a seatbelt.
- Pictures and Video Footage: Photographs of your injuries, property damage, and the scene of the collision can help when proving the extent of your damages. You may also be able to find video footage from dash cams, traffic light cameras, or other surveillance cameras.
- Witness Testimony: Your auto accident attorney will be able to use witness contact information to get witness testimonies to support who was at fault.
- Police Report: In most auto accident cases, police will arrive at the scene of the collision and file a police report. This can help prove who is at fault and the extent of your damages, as the report will include the police officer’s findings, who they suspect was at fault, and the severity of the collision.
- Medical Evidence: One of the most important pieces of evidence to prove your right to compensation is medical evidence. You will need to get medical attention after the collision as a way of establishing the extent of your injuries through things like doctor’s notes, receipts, and medical diagnosis.
When you get the help of a car accident attorney in Vancouver, WA, you don’t have to worry about collecting this evidence on your own. Your attorney will help you do this and can even access harder-to-find evidence to further support your claim.
Hire an Experienced Car Accident Attorney at Henderson Taylor Law Firm
Seatbelt use in car accident claims could have a significant impact on whether or not you are able to receive the compensation you need. However, this doesn’t mean you won’t be entitled to receive compensation; you will just need to provide proof of your injuries and understand the Washington comparative negligence law.
At Henderson Taylor Law Firm, our experienced auto accident attorneys are committed to defending the downtrodden and providing our Washington clients with the legal representation they need. For expert representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ:
Will I be blamed for my injuries if I wasn’t wearing a seatbelt?
Depending on your injuries, it is possible that the insurance companies may try to argue that your injuries could have been prevented with the use of a seatbelt.
Can I still get compensation if the other driver caused the crash?
Yes, in Washington, you have the right to pursue compensation from the at-fault driver, whether you were wearing a seatbelt or not.
How does comparative fault work in Washington?
Comparative fault law in Washington assigns a percentage of fault to each party involved in an auto accident. If you are determined to have been partially at fault, your percentage of fault will be subtracted from the settlement amount you are awarded.