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A car accident attorney needs to be aware of all of the laws that are involved in a car accident lawsuit. Most states have enacted laws requiring drivers and front-seat passengers to wear seatbelts. If you are injured in an accident but you were not wearing your seatbelt at the time of the collision, your car accident attorney will face insurance companies and their defense lawyers who will attempt to argue that you would not have been injured - either not at all or significantly less so - if you were properly buckled in. In making this argument, the defense seeks to prove that you were "comparatively negligent" in causing the injuries that were suffered during an accident. To use this defense, however, the other driver's insurance company must prove that your unbuckled seatbelt contributed to, or was a cause of your injuries.
Many cases arise where serious damages are suffered by an accident victim who is not wearing a seatbelt. In some of these cases, a person is ejected altogether from the vehicle. A car accident attorney must seek every means available when appropriate to attempt to prove that your injuries were caused by the negligent driver, not from your own failure to wear a seatbelt. Working together with expert biomechanical engineers and accident reconstructionists, your auto accident lawyer is often able to demonstrate that serious injuries - and often worse injuries - would have occurred even if a seatbelt was worn at the time of an accident. Knowing who to contact and how to go about proving the cause of injury in these difficult cases enables lawyers to make a difference for those in need of substantial compensation for serious injuries. Of course, you should always use your seat belt for safety reasons as well as legal ones.
A Car Accident Lawyer examines multiple aspects of a car collision. Every car crash has at least two collisions. The "first collision" occurs when the vehicle impacts another vehicle or a fixed object. The "second collision" occurs when a vehicle occupant impacts the interior of the vehicle or is ejected and hits the ground. The second collision immediately follows, often only by milliseconds, the first collision. The purpose of a seat belt is to either prevent the second collision or minimize its injury-producing potential. A snug fitting lap and shoulder belt "ties" the occupant to the passenger compartment and allows him or her to "ride down" the crash, thereby minimizing or eliminating injurious occupant contact with the vehicle interior, such as the windshield, steering wheel or the roof.
Defective Seat Belts
In many instances, injury to a belted occupant is due simply to crash forces and the inescapable violence involved in car wrecks. Seat belts cannot immunize us from injury in a collision. However, in a still significant number of cases, the injury would not have occurred but for a defect in the seat belt system. Seat belts fail to restrain occupants due to both poor design and faulty manufacturing.
A car accident attorney will investigate all aspects of your accident and injuries and conduct a thorough investigation and preparation designed to get you the maximum personal injury settlement. Your car accident attorney will consult with you FREE of charge, and there is no fee unless you recover compensation for your injuries.
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