Filing a Lawsuit if You Were Not Wearing a Seatbelt
With Law Offices in Media, PA and Mt. Lauren, NJ
Do you have questions about filing a lawsuit if you were not wearing a seatbelt? Check out this video, then contact our Media PA attorneys to learn more.Do you need legal help?
Experienced Lawyers in Media, PA
Do you have questions about filing a lawsuit if you were not wearing a seatbelt? Check out this video, then contact our Media PA attorneys to learn more.
Question:
Can I still file a lawsuit if I was in an accident, but was not wearing my seat belt in Delaware County?
Answer:
If you are not wearing your seat belt in the State of Pennsylvania, you still may file a lawsuit. Case law and the statutes have determined that the wearing of a seat belt or the not wearing of a seat belt is not clear preclusion stopping you from bringing a lawsuit.
The defendants in such a case have a different burden of proof, establishing that wearing the seat belt would have prevented the injuries. That usually involves an assessment by an expert witness or engineer that says if the seatbelt had been worn, this would not have happened. In most cases, that evidence is not sustainable. It’s difficult to prove and in most cases, they do not present that evidence. Failure to wear the seat belt evidence is not even admissible at the time of trial because of that statement of law.
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Did you or a loved one get seriously injured and have questions about filing a lawsuit if you were not wearing a seatbelt? Contact our experienced Media, PA Personal Injury Attorneys for a free consultation.
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Out of Town Legal Resource:
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