Phoenix Seatbelt Car Accident Injury Attorneys
Attorney Representation in Phoenix, Arizona Since 1996
What Happens If You Do Not Wear Your Seatbelt and Are Injured in a Car Accident?
As serious injury lawyers in Arizona, we are asked many times what happens if a person is involved in a car accident and was injured while they were not wearing their seatbelt. Of course, every car accident is different.
Arizona Seatbelt Law
The law in Arizona is that you are supposed to wear your seatbelt; however, the law does not state that just because someone is not wearing their seatbelt in an Arizona car accident that they cannot bring an injury claim. The lack of a seatbelt is what we call a defense argument. That is, the defense, which is usually the insurance company or the driver's insurance company's lawyer that they appoint to help the driver, will need to argue that the lack of a seatbelt is the sole reason that the person was hurt. Many times, the lack of a seatbelt is not the sole reason that the individual was hurt in the car accident.
For instance, we have represented people who did not wear their seatbelt and our experts have proven that the same injuries would have occurred even if the seatbelt was worn. In a case like this, if there is no other expert opinion that the use of the seatbelt would have prevented the injuries suffered, then our client will most likely be able to even block the evidence of lack of a seatbelt. Again, every case is different, but what is important to know is that lack of seatbelt does not mean you cannot win a personal injury claim in Arizona. It must be proven by the opponent that the lack of the seatbelt caused the injuries and if the seatbelt was worn the person would not have suffered the injuries. Moreover, under the law in Arizona for car accidents, it needs to be proven with expert testimony.
Contact an Experienced Arizona Personal Injury Lawyer
If you were seriously injured and you were not wearing your seatbelt and have questions about your potential injury claim, contact Alexis and Mark Breyer of Breyer Law Offices, P.C. Another defense to the lack of use of a seatbelt could be that the seatbelts did not work. This is something we see many times in older vehicles or in taxi cabs. These are arguments that we use to win cases likes these. If you have questions about an Arizona car accident, we are here to help. We focus entirely on injury and wrongful death claims in Arizona. Mark Breyer is a certified specialist in injury and wrongful death by the State Bar of Arizona. Call us today for an absolutely free consultation.
