Can I Still Recover Damages if I Was Not Wearing a Seatbelt at the Time of the Car Accident?

The State of South Carolina – like other states – requires the occupants of passenger vehicles to wear seatbelts. If you suffered an injury due to another driver in a car accident and weren’t wearing your seatbelt at the time, however, it won’t bar you from seeking compensation, and it shouldn’t affect the outcome of your claim – but there are issues worth considering. Car accident claims are legally challenging, which makes it in your best interest to work closely with an experienced Conway, South Carolina, car accident attorney from the outset.

Failure to Wear a Seatbelt Is Not Considered a Form of Driver Negligence

Car accident claims are based on driver negligence like the following:

• Distraction
• Exhaustion
• Impairment
• Excess speed
• Aggression

Although you are required by law to wear a seatbelt, failing to do so is not a form of driver negligence that can leave you partially responsible for the accident in question. While some comparative negligence states allow failure to wear a seatbelt to negatively affect the compensation the claimant receives, South Carolina isn’t one of them.

The Involved Insurance Company Is Another Story

While the law is clear that failing to wear a seatbelt does not translate to sharing fault for the accident that leaves you injured, the insurance company handling your claim is unlikely to see it this way. If they can demonstrate that your injuries would have been much less serious – and your losses would have been much lower – if you’d been wearing your seatbelt, you could fully expect them to attempt to do so.

The State’s Stance

South Carolina, however, has ruled on this matter, and they don’t see it the same way. If you suffered an injury due to another driver’s negligence, you’re entitled to fair compensation that covers your losses in their entirety. This said, however, the insurance company is almost certain to give you a run for your money, and they can make the claims process very unpleasant and very long. Ultimately, you may need to address the matter in court in order to resolve your case in accordance with the law.

Your Attorney’s Skilled Guidance

Taking a car accident case to court is a more complicated process, but it is generally worth the effort if the insurance company is not interested in settling fairly. With a practiced car accident attorney backing you up, you can proceed with the confidence that comes from knowing you’re in good legal hands.

Discuss Your Claim with an Experienced Conway, SC, Car Accident Attorney Today

The formidable car accident attorneys at the Law Offices of L. Morgan Martin, P.A., in Conway, South Carolina, have a wealth of experience skillfully handling every tactic that insurance companies throw our way, and we’ve earned an impressive reputation for doing so. The fact that you weren’t wearing a seatbelt at the time of the accident does not bar you from recovering from your losses, so please don’t wait to contact us online or call us at 843-248-3177 today.