The insurance adjuster might try to blame you for your accident injuries if you weren’t wearing a seat belt at the time of your car crash. The adjuster may argue that you shouldn’t recover damages because a seat belt could have prevented your injuries. However, your failure to wear a seat belt didn’t cause the collision. You wouldn’t have been hurt but for the other driver’s negligence, and you still deserve a fair recovery.
Why Did the Accident Happen?
Whether or not you wore a seat belt, you need to prove who caused your car accident. You will need to present convincing evidence to prove that another driver failed to exercise reasonable care on the road and thereby caused your injuries.
Failure to Wear a Seat Belt May Reduce Your Compensation in Some Cases
Wisconsin law requires drivers and many passengers to wear seat belts. If Wisconsin law required you to use a seat belt and you failed to do so, then you may be found partly at fault for your accident injuries. However, state law limits the amount of contributory negligence that may be attributed to you for failing to wear a seat belt. In Wisconsin, your accident claim:
- May not be dismissed because you didn’t wear a seat belt. You still have the right to file a claim and recover damages even if you didn’t have a seat belt on at the time of the crash.
- Your total recovery may not be reduced by more than 15%. Your compensation can only be reduced if the negligent driver proves that your injuries could have been prevented if you had worn a seat belt. If the negligent driver can meet this burden of proof, your recovery may be reduced by up to 15%.
Now Is the Time to Protect Your Recovery
Before you speak with an insurance adjuster, we encourage you to contact our experienced Wisconsin car accident lawyers for a free, no-obligation consultation about your rights. Insurance companies know that our law firm means business and that we won’t settle for less than you deserve. Call us or complete our online contact form today to learn more.