What Is The Seatbelt Defense?
There are still two key questions any time you have been involved in some sort of accident: (1) who caused the accident and (2) the nature of your injuries. We figure out these questions to use the seatbelt defense. (There are other relevant issues, such as whether the defendant had a responsibility to you and whether the defendant violated that duty, but cause and the scope of medical bodily injury liability are the main areas of concern for a Orlando Car Accident Attorney).
“Comparative Negligence” Can Lower The Value Of A Claim
Basically, comparative negligence means that all parties to an accident may potentially have contributed to either causing the accident itself or worsening the injuries and the jury also frequently hears and sees proof of the relative fault of both sides. We call that comparative negligence. In other words, both parties were theoretically incompetent, so we ask the jury to compare both parties’ negligence and allocate the relative degrees of blame to a ratio. They have to measure your injury, then, and the defendant just needs to pay the number of damages that they actually incurred, assuming the jury decides that the defendant had any percentage of the blame. This is where the safety of the seat belt defense becomes important.
How We Use The Seatbelt Defence
A professional Orlando Car Accident Attorney will use the seat belt defense on the grounds of comparative negligence rules to argue that you can bear a degree of blame for the extent of your injuries. You already know that while driving a car, the legislation mandates that you wear a seat belt. The legislation also requires a seat belt to be worn by someone who is 16 years old or older and who is riding as a passenger in the front seat. It is also practically appropriate for a Orlando Car Accident Attorney to argue that breaking this traffic law is some proof of comparative negligence, that is, some evidence that your acts have led to the degree of your injuries.
What If You Were Not Wearing A Seatbelt?
Then, to make the most of the other arguments and evidentiary admission concerns, you would need a professional Orlando Car Accident Attorney. Creative planning is most often the answer in all stages of challenging litigation. Just like this one (the seatbelt defense), there are several defenses that can decrease the value of your argument, but by using innovative and specific tactics in every car accident case, such as the seatbelt defense, a professional Orlando Car Accident Attorney can theoretically be able to minimize the effect of these defenses.
