How Not Wearing a Seatbelt Can Affect Your Case

On Behalf of | Oct 18, 2019 | Firm News

Seat belts save lives, prevent serious injuries and, in Colorado, can affect litigation stemming from a traffic accident. The Law Office of Chadwick McGrady can help the victims of vehicular mishaps in which seatbelt usage is an issue, including those that lost a loved one in a car crash.

The Importance of Seat Belts

These safety features have been a legal requirement in American-made passenger cars for more than half a century. They have proven their effectiveness in saving thousands of lives and generally reducing the human and financial suffering caused by traffic crashes. In Colorado, drivers and front-seat passengers are required to wear seatbelts, although motorists will not be cited unless they are stopped for another reason.

How Seat Belt Use Could Affect a Legal Case

Colorado’s tort law allows motorists to file lawsuits against others which causes them harm. However, its comparative fault rule could reduce the damages sought by a traffic crash victim who was not complying with the state’s seat belt law, even though this person was not responsible for the accident itself.

Although the rule will not influence the damages sought to cover the direct costs of an accident, including medical expenses, it could affect damages that are not specifically economic in nature, such as the pain and suffering stemming from a physical injury. However, Colorado courts have held that a plaintiff not wearing a seatbelt does not diminish a permanent injury claim. Similarly, a wrongful death beneficiaries’ pain and suffering damages should not because their loved one failed to wear a seatbelt.

The Need for Legal Representation

The comparative fault rule will not automatically reduce damages sought as compensation for pain and suffering, provided that the case is handled properly. At The Law Office of Chadwick McGrady, we will carefully review the facts of the accident cases we handle to ensure that victims who were not in compliance with the seat belt law are treated fairly. It is for this and other reasons why the victims of accidents should turn to the services available from the Law Office of Chadwick McGrady.

Call our firm today at 970-644-5599 if you have been injured in a car accident.

Attorney Chadwick P. McGrady at his desk