According to the National Highway Traffic Safety Administration, in 2017 nearly 15,000 individuals have been saved by wearing a seat belt during a motor vehicle accident. Seat belts are arguably preventative tools for protecting lives during a high speed crash. They restrain the body and reduce the risk of fatal injuries (some caused by ejections) when vehicles collide on the roads.
Yet, while they may save you from serious harm during a crash, they don’t guarantee you injury-free exit from a vehicle following an accident. At times, vehicle seat belts may be defective or may be used improperly and result in injuries in the aftermath of a bad accident.
(Car Accidents and Comparative Negligence)
Depending on the degree and amount of force, the body can suffer a great deal of injury resulting from the use of a seat belt during a serious accident. Let’s be clear, seat belts save lives. They should always be used when riding in a motor vehicle. However, as with airbags, when accidents do happen, seat belts can still cause injuries. Though it prevents greater harm or death, the injuries a seat belt may cause can still be severe. The kinds of injuries you might suffer from use of a seatbelt can include:
- Severe Bruising
- Whiplash
- Abdominal Injuries
- Internal Injuries
Those particularly susceptible to serious seat belt injuries in the aftermath of an accident when the seat belt is improperly worn include children and pregnant women. When expectant mothers wear a seat belt across their stomachs instead of their hips, they could experience a placental abruption or even more severe injuries in the aftermath of a car accident.
Determining Liability for Injuries
Of course, every motor vehicle accident is different. But, generally speaking, seat belt use can play a role in determining fault for injuries in the aftermath of an accident on the roads. Whether the seat belt is worn properly or not or not worn at all, the defendant in a motor vehicle accident claim can leverage use of the seat belt to mitigate liability or even shift blame for all of the injuries suffered as a result of the accident.
Product Defect Claims
There are cases where seat belt injuries are caused by manufacturing defects or design defects. If the seat belt has not worked correctly during an accident or is discovered to be ineffectual at protecting the individual that suffered injury, a defect could point to the manufacturer’s liability. And if this is proven in your claim, you may need to consider changing the target of your personal injury lawsuit.
Contributory Negligence
If a seat belt is found to be the cause of severe injury in the aftermath of an accident, the defendant may claim that it was worn incorrectly at the time of the crash. What’s more is if a seat belt is found not to have been worn during the accident, the blame could be shifted entirely to the injured party. In that case, contributory negligence could be cited as a defense. If this is found by a court to be the case, you could be on the hook for all or part of your injuries.
For these and other reasons, it’s vitally important that you seek the counsel of an experienced personal injury attorney, who can help flesh out all of the issues relevant to proving liability in your claim. Additionally, if there was evidence that your vehicle’s manufacturer may be at fault due to manufacturing or design defects, your attorney may file your defective products claim to secure damages that result. This may be in addition to or in place of a personal injury claim against another driver.
If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.