A car crash can be even more serious if you weren’t wearing a seat belt during a crash in Utah. First of all, your injuries will likely be much more severe. A seat belt is designed to protect you from some of the worst injuries possible in a car crash. These include head injuries, whiplash, and much more. Some of the most common causes of death among people who weren’t wearing their seat belts involve flying through the windshield after a head-on collision. If you weren’t wearing your seat belt for whatever reason, you may have significant injuries to tend to.
You may also be concerned about whether or not you can still file a personal injury claim in Utah after failing to wear a seat belt during a crash. Different states have different regulations when it comes to this issue, and there is significant debate over the so-called “seat belt defense.” So how does Utah approach this issue? Can you still receive a settlement? To get a clear answer, your best bet is to consult with an experienced personal injury lawyer. That being said, doing your own research online is never a bad thing.
The Seat Belt Defense
The seat belt defense is a common tactic used by defendants to reduce or eliminate their liability for injuries suffered by a victim. The argument is very simple, and it goes something like this: If the injured party wasn’t wearing their seatbelt, they are responsible for their own injuries. The fact that they acted in an irresponsible and unsafe manner completely protects the defendant from any accusations of negligence.
Each state has its own unique approach when it comes to the seat belt defense. Utah law states that all passengers and drivers must wear a seat belt at all times. However, the state also makes it clear that failure to wear a seat belt does not contribute to negligence in any way. The fact that a plaintiff was not wearing a seat belt should not factor into any decisions regarding comparative or contributory negligence. Furthermore, attorneys may not use this fact as evidence in a civil trial “on the issue of negligence, injuries, or the mitigation of damages.” In other words, this should not factor into the decision of a jury in any way, and it will not have any impact on your ability to obtain compensation for your injuries.
Utah is a modified comparative negligence state. This means that will not receive compensation for your injuries if you were least 50% responsible for the incident that caused them. As we’ve already stated, the failure to wear a seatbelt does not factor into the discussion of comparative negligence. That being said, other factors may still impact your ability to receive compensation, such as distracted or drunk driving.
Get Help Today
If you need help with your personal injury claim, reach out to Truman & Radford, Injury Attorneys today.
Truman & Radford, Injury Attorneys
20 North Main Street, #309
St. George, Utah