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Were you injured in a car accident while not wearing a seatbelt? You may be wondering if that will negatively impact your personal injury claim. The answer is that it might, but the law is on your side.
Comparative Negligence in Mississippi
To understand how not wearing a seatbelt could harm your claim, you first need to understand comparative negligence. Comparative negligence is a system in which a court assesses each party in a lawsuit a percentage of fault and then reduces an injured party’s compensation by their percentage of fault. For example, if you were 25% at fault, you would only receive 75% of the awarded compensation after winning your trial.
Mississippi’s specific type of comparative negligence is pure comparative negligence. Under pure comparative negligence, no matter how much fault you have, you can still recover compensation as long your share is less than 100%. This is in contrast to modified comparative negligence systems, which set a cut-off of 50% or 51%, depending on the state.
Seatbelt Exception to Comparative Negligence
Does comparative negligence mean you will lose out on compensation if you weren’t wearing a seatbelt? Probably not. Mississippi law also states, “Failure to provide and use a seat belt restraint device or system shall not be considered contributory or comparative negligence.”
However, insurance companies make money by reducing or denying compensation. Even though the law states that not wearing a seatbelt doesn’t make you at fault for your injuries, the insurance company will likely attempt to say it does. They may bring this up in settlement negotiations, or they may argue that your lack of a seatbelt was the only reason you suffered injury.
Proving Liability After a Car Accident
What can you do if the insurance provider’s attorneys say your injuries were entirely your fault? How can you prove that the other party is liable?
First, you must demonstrate that the other motorist acted negligently. To do this, you will need to show that they were not operating their vehicle with appropriate care. For example, perhaps the other driver ran a stop sign or signal, was speeding, or failed to signal a turn.
Second, you need to show that their negligent actions caused your injuries. For example, you could show that they crashed into you specifically because they ran a stop sign.
Third, you need to prove that your injuries resulted in damages, examples of which are outlined below.
Types of Recoverable Damages
After a car accident, you can recover compensation for various damages, including:
- Medical Expenses – Costs for past and future hospital stays, surgeries, medications, treatments, medical devices, and rehabilitation
- Lost Wages – Compensation for the income you lost while recovering from your injuries and the future income you will lose if your injuries prevent you from returning to work
- Pain and Suffering – Damages for the physical pain and suffering you experienced due to your injuries
- Emotional Distress – Damages for the emotional distress you experience as a result of your injuries, disability, and disfigurement
Mississippi Statute of Limitations
In Mississippi, the statute of limitations for a personal injury claim is three years. You must file your claim within this period to receive compensation for your injuries. An attorney can assist you in meeting this and other deadlines throughout your case.
North Mississippi Car Accident Attorney
If you suffered injuries in a car accident, you have the right to seek compensation by filing a personal injury claim against the at-fault party. Don’t let the other party attempt to pin the blame on you for not wearing a seatbelt. Fight back with the help of an experienced personal injury lawyer who knows how to put the blame squarely on the person who caused the accident.
Contact Chatham Gilder Howell Pittman for a free consultation about your case with one of our experienced personal injury attorneys. We’ll provide an initial evaluation, explain your legal options, and answer any other questions you have. If you choose us to handle your case, we’ll fight hard for the money you deserve for your medical bills, lost income, damaged property, and more.
