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South Carolina Personal Injury Law Blog

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

Like other states, South Carolina has a law requiring motorists – and everyone else in their vehicles – to buckle up. If you were injured in a car accident that was caused by another driver’s negligence, the fact that you weren’t wearing a seatbelt at the time can affect how seriously you’re injured, but it shouldn’t stop you from seeking the compensation to which you’re entitled. An experienced South Carolina car accident attorney can help.

Not Wearing a Seatbelt Is Not a Form of Driver Negligence

Car accident claims in South Carolina are based on negligence, and often this means driver negligence, which can come in all the following dangerous forms:

Any one of these can lead to a serious car accident, but not wearing your seatbelt cannot. The State of South Carolina makes it very clear that not wearing a seatbelt is not admissible as evidence regarding negligence in a civil lawsuit, such as if your car accident claim goes to court.

Comparative Negligence

South Carolina is a comparative negligence state when it comes to car accidents. This means that – even if you share fault for the car accident that leaves you injured – you can seek compensation for the percentage of your losses that the other driver is responsible for – as long as you bear no more than 50 percent of the fault. In some comparative negligence states, the fact of not wearing a seatbelt can be used in calculating the claimant’s percentage of fault. In South Carolina, however, this is not the case.

The Involved Insurance Company

Although your failure to wear a seatbelt didn’t cause or contribute to the accident that left you injured, it may have contributed to the severity of your injuries, and the insurance company handling your claim will very likely focus on this fact during the settlement process. In such a case, the insurance company may be more inclined to put up a serious fight in order to keep the settlement low. The state, however, denies this approach.

In other words, if you weren’t wearing a seatbelt when you were injured by another driver’s negligence, you’re likely to face a challenging settlement process, and you may need to resolve the matter in court to obtain the compensation to which you’re entitled. The good news is that your formidable car accident attorney will be well-prepared to do whatever it takes to resolve your claim fairly, including ably defending your rights at trial.

Reach Out to an Experienced South Carolina Car Accident Attorney Today

The savvy South Carolina car accident attorneys at Oxner & Stacy Law Firm LLC appreciate how significant your settlement is to your recovery and are committed to taking the steps necessary to protect your rights and your rightful compensation. For more information about what we can do to help you, please don’t hesitate to contact us online or call 866-586-0116 today.