Can I sue after a car accident if I was not wearing my seat belt?
Can I sue after a car accident if I was not wearing my seat belt?
Yes. In some states, a person’s failure to wear a seat belt can lower the amount of damages they can recover based on the doctrine of comparative or contributory negligence. However, a South Carolina statute (56-5-6540(C)) states that the failure to wear a seat belt is not contributory negligence and is not admissible as evidence in a civil action, such as a personal injury lawsuit. Therefore, you can sue after a car accident if you were not wearing a seat belt.
Other Car Accident FAQs:
- Am I liable if I hit the car in front of me after I was rear-ended by another driver?
- Can I sue after a car accident if I was not wearing my seat belt?
- Do I have to call the police after a car accident?
- Do I need a car accident attorney?
- Does South Carolina use a fault-based system for car accidents? What does that mean for someone involved in an auto accident?
- How is fault determined in South Carolina?
- How long do I have to file a car accident claim?
- How many car accidents occur in South Carolina each year?
- How many fatal car accidents happen in South Carolina each year?
- What compensation can I get after a car accident?
- What do I do if I am in a car accident and the at-fault driver does not have insurance?
- What do I do if my damages are more than the insurance policy limits of the at-fault driver who hit me in a car accident?
- What do I need to know about my South Carolina accident report?
- What does comparative fault mean when it relates to a South Carolina car accident?
- What should I do after a car accident?
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