Seatbelts Protecting Your Life and Rights in WV
West Virginia’s Auto Accident Lawyer discusses seat belt laws and automobile safety. West Virginia, like every other state but New Hampshire, requires all passengers (not including cute dogs) to wear a seat belt. The primary rationale behind seat belt laws is to protect drivers and passengers from injury and death. However, if the increased risk of injury and death associated with not wearing a seatbelt is not enough to motivate you to wear one, perhaps the limited “seat belt defense” is.
The Limited “Seat Belt Defense”
The limited “seat belt defense” means if you are injured in a car crash while not wearing a seat belt and your injuries were caused or made worse by your failure to wear a seat belt, then the amount of damages you can collect may be reduced. In other words, the defendant who may be the primary cause of your car accident , may be able to assert the seatbelt defense to limit the amount of compensation you can recover from him.
In West Virginia, the “seat belt defense” is a little more complicated and limited by statute. It’s also not available in all circumstances. Thus, it is important to consult an experienced West Virginia personal injury lawyer regarding your particular situation, and please, take care and wear a seatbelt regardless of the laws.
Brooks West is a West Virginia personal injury lawyer who helps people who have been injured by negligence or wrongful conduct. He is the President and founder of West Law Firm and has been an attorney since 2005. Brooks is a Multi-Million Dollar Advocates Forum member and has been awarded the AV Preeminent Rating from Martindale-Hubbell.