Seat belts are a required safety feature in all types of personal motor vehicles. They play a critical role in preventing serious injuries in the event of an accident.
However, what happens if you are involved in a car crash and aren’t wearing a seat belt? Can you still pursue damages for your injuries? The short answer is yes, but there are some factors to consider.
This article will discuss how Nebraska’s seat belt laws could affect your claim. We will also delve into how a lawyer can help you navigate the complexities of your car accident case. Contact us today at (402) 241-5020 to schedule a free case review.
Understanding Nebraska’s Seat Belt Laws and Comparative Negligence
Nebraska seat belt law requires all drivers, front seat passengers, and all children between 6 and 18 years of age to wear seat belts.
Nebraska follows a modified comparative negligence system in motor vehicle accident cases. This means that the compensation you receive may be reduced by the percentage of fault attributed to you. If you are found partially liable for the car accident and your injuries, your compensation can be reduced proportionally.
Under the modified comparative negligence rule, you can only recover damages if you are less than 50 percent at fault. If you are more than 50 percent at fault, you will be unable to recover compensation from the other party.
While not wearing a seat belt doesn’t automatically bar you from recovering damages, such inaction can be considered a form of negligence. The key question is whether your injuries would have been less severe had you been wearing a seat belt. This concept is known as the “seat belt defense.”
How the Seat Belt Defense Could Affect Your Car Accident Claim
The seat belt defense allows the defendant (the person or entity you are filing a claim against) to argue that your injuries were more severe because you were not wearing a seat belt.
If successful, this defense can reduce the amount of compensation you receive. This reduction is not automatic and depends on the circumstances of each case.
The following factors that could play a role in determining the impact of the seat belt defense:
- The severity of your injuries
- The type of accident
- Expert testimony
However, Nebraska takes a unique approach to the seat belt defense.
While the seat belt defense is commonly used in many states to argue that an injured party’s compensation should be reduced due to their failure to wear a seat belt, Nebraska law imposes strict limits on how this defense can be applied. This means that even if you were not wearing a seat belt at the time of your accident, the impact on your potential compensation is much more limited compared to other states.
Nebraska Revised Statute 60-6,273: How it Protects Your Right to Compensation
In Nebraska, under Revised Statute 60-6,273, evidence of not wearing a seat belt is generally not admissible when it comes to determining liability or the cause of an accident. In other words, the defendant cannot use your failure to wear a seat belt to argue that you were responsible for the accident itself. However, this evidence can be considered for reducing the amount of compensation you may receive for your injuries — but even here, Nebraska law is on your side.
Any reduction in damages due to not wearing a seat belt is capped at five percent. This means that while the seat belt defense may slightly reduce your recovery, it cannot drastically diminish your compensation. Nebraska’s statute ensures that your ability to recover damages for your injuries remains largely intact, even if you were not buckled up at the time of the accident.
This legal protection highlights the importance of understanding how state laws like Nebraska’s can shield you from losing significant compensation, making it crucial to have a knowledgeable legal advocate on your side.
The Importance of Legal Representation
To recover maximum damages for your car accident injuries, you will need to demonstrate that the other party was at fault for the accident and that your injuries resulted from negligence.
A personal injury lawyer can help build a solid case on your behalf. Even if you were not wearing a seat belt at the time of the collision, your lawyer will directly focus on the negligent actions of the other driver.
Consider some of the ways a car accident lawyer can help build a strong personal injury case on your behalf – even if you were not wearing a seat belt.
Navigate complex laws
Auto accident cases, especially those using the seat belt defense, require a deep understanding of state and federal laws and regulations. Experienced personal injury attorneys will have the knowledge needed to navigate these legal challenges. They will ensure your rights are protected.
Your lawyer will work to counter the seat belt defense by demonstrating that the other party’s negligence was the primary cause of your injuries, regardless of seat belt use.
Gather evidence
The more evidence you have, the stronger your case. Evidence commonly used in car accident cases includes:
- Police reports
- Medical records
- Witness statements
- Expert testimony
A personal injury attorney can ensure that all relevant evidence is collected and presented in a compelling manner. Your attorney can also work with accident reconstructionists and medical experts to establish the extent of your injuries and the true impact of not wearing your seat belt.
Identify all liable parties
A personal injury lawyer can identify all liable parties, maximizing your chances of receiving fair compensation.
These parties may include:
- Other drivers
- Vehicle manufacturers
- Government entities
- Employers
In some situations, even if you were not wearing your seat belt, multiple parties may share liability for your injuries.
Assess the full extent of your damages
Your personal injury lawyer will be able to determine what damages you qualify to recover. He or she can also accurately calculate the value of your claim.
Recoverable damages will depend on the specifics of your claim but may include:
- Medical bills
- Lost wages
- Loss of future earning capacity
- Property damage
- Loss of enjoyment
- Pain and suffering
- Emotional distress
In 2022, there were 11,302 individuals killed in car accidents who were not wearing seat belts. If you have suffered the tragic loss of a loved one in an accident in which he or she was not wearing a seat belt, we may be able to help you recover wrongful death damages.
Negotiate with the insurance company
Auto insurance companies often use tactics to minimize payouts. This may be especially true in cases where the injured party was not wearing a seat belt.
Personal injury attorneys are familiar with the tactics used by insurers and can advocate on your behalf during negotiations. They will counter any low settlement offers made by the insurance company. They will argue for the compensation you deserve based on the full extent of your injuries and damages.
Represent you in court
The majority of cases involving auto accidents are settled out of court through negotiations with the insurance company. However, if a fair compensation agreement cannot be reached, you may need to file a personal injury lawsuit.
If your case goes to trial, having a knowledgeable personal injury lawyer by your side is essential. Your lawyer can present a compelling case to the judge and jury, demonstrating the other party’s liability.
Your lawyer will work to ensure that the focus remains on the negligence of the at-fault driver rather than your decision not to wear a seat belt.
Contact Our Personal Injury Attorneys Today for a Free Case Evaluation
Sustaining a serious injury in a car accident is a traumatic experience. It is true that not wearing a seat belt adds a layer of complexity to your personal injury claim. However, with the right legal representation, you can overcome these challenges and seek the compensation you deserve.
The personal injury lawyers at Hauptman, O’Brien, Wolf, & Lathrop can work to protect your rights, explain your legal options, and advocate for your best interests. It is our goal to help you move forward after this difficult time. Our legal team prioritizes your healthy recovery above everything else.
If you were seriously injured in a car accident caused by someone else’s negligence, contact our law firm today. We take all personal injury cases on contingency. This means you do not pay any upfront costs or fees for our services.
Schedule a free consultation with us today. Call us at(402) 241-5020 or complete our online contact form, and our representative will get in touch with you shortly. Our injury lawyers serve clients through our offices in Omaha, South Omaha, Bellevue, and all of Nebraska, as well as Council Bluffs in Iowa.
