Wearing a seat belt is required by law and failing to do so can lead to more serious injuries. Not only that but your car accident case might also be adversely affected by the fact that you weren't wearing a seat belt. However, you might still be able to receive full compensation as long as you work with a negligence attorney.

How Comparative Negligence Works

The damages you are entitled to as a result of a car accident are affected by a concept known as "comparative negligence." When one party is negligent, they are responsible for the damages they have caused another party to suffer. However, if both parties are negligent, each party will be compensated based on the extent to which they are considered to be negligent.

For example, if you are involved in a car accident and would normally be entitled to $5,000 in compensation, you may instead be entitled to only $3,750 if the other party was considered to only be 75% at fault. 

Comparative Negligence Varies From State to State

Whether or not comparative negligence comes into play depends on the state in which you reside. For example, in some states, you will always be able to pursue full compensation for your injuries even if you were partially at fault. 

The Seatbelt Might Be Irrelevant

Even though your seatbelt did not cause the accident itself, your injuries might not have been as severe if you were wearing a seatbelt. This is the most common justification for why you would deserve less in compensation. However, depending on the nature of the accident, it might not have mattered whether you wore a seatbelt. 

Hire an Attorney Promptly

To receive full compensation for your injuries, it's essential that you work with a negligence attorney who will perform research to uncover the facts of the case and will then help you make a compelling argument for why you should be entitled to compensation for your injuries. Then, you will be able to negotiate a settlement.

Your Case Might Not Go to Trial 

While some auto accident cases go to trial, the majority of cases are settled out of court. This is ideal because a settlement is less expensive for all parties and does not take as long.

However, you will want to avoid accepting any early settlement offers from insurance providers because the initial figures will be lower than what your case is likely to be worth. Fortunately, a negligence attorney can handle every aspect of the settlement negotiations while you focus on recovering from your accident.

Contact a local negligence attorney to learn more.