You can likely still recover damages if you were not wearing a seatbelt in a car accident in Phoenix, AZ.
In Arizona, the front seat driver and passenger must wear a seat belt. Additionally, it is the responsibility of the driver to make sure that anyone under 16 years of age also wears a seat belt.
Arizona follows a comparative negligence law, meaning a plaintiff can recover compensation even if they contributed to the accident.
However, your damages will be reduced by the amount your negligence contributed to the car accident. Arizona uses a “reasonable person” standard to determine negligence. According to the law, the refusal to wear a seat belt is not what a “reasonable person” would do, therefore, you may be determined to be partially at-fault for your own injuries.
Under Arizona statutes, if a person chooses not to use a simple safety device, they may be considered negligent and share the fault for the severity of their injuries and damages.
It is important to note that this will likely only apply if the other party can prove your injuries were more severe because you did not wear a seat belt.
For example, you suffered injuries in an accident after a texting driver ran a red light and hit your car. You suffered internal injuries after being thrown around the cabin. The defendant argued that your injuries would not have been as severe if you were restrained.
The jury found you contributed to your injuries and assigns you 30% fault. Your damages total $100,000. You would be entitled to $70,000 (30% of $100,000 is $30,000).
Depending on the circumstances of the car accident, and the severity of your injuries, you may still recover damages if not wearing a seatbelt in an accident in Phoenix, AZ. The team at Zanes Law will investigate your case and determine exactly how the accident and injuries occurred. We will defend you against any accusations of fault and fight to help you recover the damages you deserve.
Wearing a seat belt provides the most protection for your safety. However, we know that not everyone chooses to wear a seat belt each time they get into a car. If you suffered injuries, you may still recover damages if not wearing a seatbelt in an accident in Phoenix, AZ. The personal injury lawyers at Zanes Law can work with you, whether you were wearing your seat belt or not, to determine the strength of your claim and negotiate with insurance companies.
Call Zanes Law at (602) 999-9999 to find out how we can help you.