Do I Have a Case If I Didn’t Wear a Seat Belt?


If your vehicle was struck by another vehicle and you suffered injuries, you are entitled to claim compensation for your financial losses and pain and suffering. But what if you weren’t wearing a seat belt? Can you still obtain compensation? Will your insurance company reject your claim? Will the other driver’s insurance company choose to fight rather than paying fair compensation?

In many, if not all such cases, accident victims retain the ability to claim compensation even when they weren’t wearing seat belts. That said, these types of cases could involve complex factual and legal issues. You should consult with a personal injury attorney to discuss your legal options.

Experienced New Jersey Car Accident Attorneys

At Gold, Albanese, Barletti & Locascio L.L.C., we have years of experience representing victims of car accidents, truck accidents and other acts of negligence. Our attorneys are highly knowledgeable in the law, proactive when preparing cases and determined to obtain the best possible result for every client. When representing you, we will seek full compensation for all losses, including medical costs, lost income, and pain and suffering.

A Team of Experts on Your Side

In cases involving accident victims who weren’t wearing seat belts, it is important to carefully examine the circumstances of the accident and the type of injury or injuries that the victim suffered. Usually, the standard defense in these cases is that the injuries would not have occurred if the victim had been wearing a seat belt.

Our lawyers counter these arguments with the testimony of nationally recognized experts in auto injuries. Depending on the circumstances of your accident, they may be able to testify that had you been wearing a seat belt:

  • The injuries still would have occurred, or
  • The injuries would not have been as severe as they were, though you still would have suffered injuries.

In either case, you would still be eligible for compensation. Our goal when representing you will be to obtain maximum compensation for you.

Free Consultation — Contact Our Firm

To learn more about seat belt laws in New Jersey and liability and damages if you weren’t wearing a seat belt, call 973-326-9099 or contact us online. We have offices in New Jersey to serve you.

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