Woman clutches her neck in pain after a car accident

Can I Pursue a Car Accident Lawsuit If I Wasn’t Wearing a Seatbelt?

Seatbelts are incredible. They have the potential to save lives, but only when they’re appropriately utilized.

Unfortunately, seatbelts and other vehicle safety features aren’t necessarily designed with all bodies in mind. Crash-test dummies are predominantly created to mimic the average male body and are much larger than the average female. Consequently, women are 47% more likely to be seriously injured when involved in car accidents and are 71% more likely to be moderately hurt. Similarly, women are 17% more likely to lose their lives in car accidents.

Regardless, seatbelts still save countless lives. However, not everyone remembers to buckle up every time. Is it possible to pursue a car accident lawsuit if you weren’t wearing a seatbelt?

Read on to find out.

Buckle Up—It’s the Law

As a Mississippi driver, you are required by law to wear a seatbelt. At the same time, inside of a moving vehicle, you may still file a lawsuit against a negligent driver who caused an accident that led to your injuries, even if you weren’t buckled up.

Not wearing your seatbelt does not bar you from seeking compensation from the driver who caused the crash. However, the same rules of negligence still apply.

Essentially, the law of negligence mandates that people conduct themselves in ways that adhere to a particular standard of conduct. When someone fails to comply with that standard, they may be held liable for the damages resulting from their harmful actions.

Four Elements of Negligence

Generally, there are four elements of negligence that need to be proved to win a personal injury case:

  • Duty
  • Breach
  • Causation
  • Damages/Harm

If you’ve been injured in a car accident as a result of another’s negligence, you may be owed compensation. Let our team see if we can help you recover it.

Call us today at (800) 670-0567 to discuss the details of your case!