Being involved in a car accident is a frightening experience, and your stress may be heightened if you are unsure of your legal rights. If you’ve been injured in a collision in Kentucky, you likely have many questions about medical bills, lost wages, and whether you can hold the at-fault driver responsible if you were somewhat at fault. If you were not wearing a seatbelt at the time of your car accident, it is crucial that you understand your legal rights and options regarding compensation. Continue reading and consult with a skilled Pike County, KY auto accident lawyer for more information today.
Does Kentucky Law Require Me to Wear a Seatbelt?
Yes, Kentucky state law requires all drivers and passengers to be properly buckled when a car is in motion. This is outlined in KRS 189.125, which states “A person shall not operate a motor vehicle manufactured after 1981 on the public roadways of this state unless the driver and all passengers are wearing a properly adjusted and fastened seat belt…”
It is against the law to drive a car or be a passenger in a moving vehicle without wearing a seatbelt. But does doing so bar you from recovering compensation?
Can I Recover Compensation for a Car Accident if I Wasn’t Wearing a Seatbelt?
In your personal injury case, the insurance adjuster or defense attorney may try to use your failure to wear a seatbelt against you. They will argue that your own negligence contributed to your injuries. While their argument may be somewhat successful, depending on the specific circumstances of the situation, you can still recover compensation.
Your failure to wear a seatbelt did not cause the accident itself; the other driver’s actions did. However, it could have worsened your resulting injuries.
What is Comparative Negligence?
Comparative negligence is the concept that more than one party can be responsible for an incident. This allows a court, for example, to assign a percentage of fault to each party involved. Kentucky follows a pure comparative negligence system, meaning that an injured party can recover damages even if they are partially responsible for their own injuries. However, the amount of compensation they receive will be reduced by the percentage of fault assigned to them.
For example, suppose you were driving through town without wearing your seatbelt when another car failed to stop at a stop sign. The other vehicle collided with yours, causing serious damage to both cars as well as giving you a concussion and a broken collarbone. The resulting damages total $10,000.
The other driver caused the accident by failing to obey traffic laws and running a stop sign. However, your injuries may not have been as severe if you had been wearing your seatbelt. If you are found 15% liable and the other driver is found 85% liable, you can recover up to 85% of your total losses, or $8,500.
Personal injury law can be complex, so do not hesitate to contact an experienced attorney for more information and legal advice today.
