There are strict seatbelt laws in New Jersey to promote road safety and reduce injuries. All drivers and passengers are required by law to use seatbelts. If it turns out to be missing, there may be legal repercussions. You may suffer consequences if it is discovered that you were not wearing a safety belt at the time of the collision.
You set yourself up for failure and allow the other side to succeed when you break the traffic laws. The insurance provider could argue that you may not have worn a seatbelt, which contributed to a portion of your injuries. Speak with a knowledgeable vehicle accident attorney or visit njpa-law.com if you find yourself in a similar circumstance or have been in an accident.
Can Not Wearing a Seatbelt be Used Against You?
In an automobile accident, the at-fault party will use the seatbelt defense to argue that the victim’s injuries were partly caused by their failure to wear their seatbelt. Some may argue that if the victim had been wearing a seatbelt at the time of the collision, the injuries would have been prevented or would have been less serious.
The other party can drastically lower your chances of receiving just compensation if they raise this defense. This defense limits the number of damages you can recover by implying that you behaved recklessly. The good news is that New Jersey law limits the number of damages reduced for failing to use a seatbelt to fifteen percent.
Can There Be Exceptional Cases?
Although insurance companies often use seatbelt defense as a tactic to lower payouts, there are several circumstances in which that may not be the case. You have to be very alert and ready to fight legally when they try to play tricks with you.
1. Vehicle Fault
A vehicle fault is the most common scenario in which the seatbelt will not be applicable. The defense might not hold up if there was a problem with your vehicle that made it impossible for you to use a seatbelt. You will need to provide evidence, however, that your car has broken down.
2. Patient Health
Another instance is one in which the usage of seatbelts did not prevent the accident, which was unexpected. This can happen when you stop at a red light and are rear-ended. If the plaintiffs can demonstrate that they suffer from a medical condition that prohibits them from wearing the seatbelt, they have a chance to protect themselves.
Are There Any Laws For Seatbelts?
- Fines and penalties
Traffic police officers have the authority to pull you over and issue a penalty for breaking the law if they see you driving without wearing a seatbelt. There may be consequences for both drivers and passengers who fail to use seatbelts. The higher the fine for driving when underage without wearing a seatbelt, the younger the driver.
- Extra precautions for the safety of children
There are other guidelines for kid protection. According to them, kids less than four years old need to be securely secured and positioned in a child safety seat. The law requires selecting a seat based on the child’s age and size. Ensuring the safety of all children is very important.
Can a Lawyer Help?
When riding in a motor vehicle, seat belt use is a requirement for all drivers and passengers over four. It is crucial to understand whether this rule applies to all drivers in the state, whether they are residents or not. In an automobile accident, the at-fault party will use the seatbelt defense to contend that the victim’s injuries were partly caused by their failure to wear their seatbelt. There will be a lot of conflicts and legal paperwork, and you might get fed up dealing with all of this; this is where a car accident attorney can help. Contact them today!