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Failure to wear a seat belt might impact a claim for compensation

Do you put your seat belt on each time you get into a vehicle? If your answer isn't a resounding "Yes!," there is a chance that you might be setting yourself up for a tough legal battle if you are struck by another driver and injured. This is because the person who you file the lawsuit against might opt to use the seat belt defense in the case.

When a person uses this defense, they are essentially saying that because you didn't wear your seat belt, they shouldn't be fully liable for the financial damages of the crash. This doesn't mean that they won't hold any accountability. It is possible that you can show that your seat belt wouldn't have had any impact on the injury.

New York is a comparative negligence state, which means that you can recover damages even if you did hold a part of the responsibility. The catch to this is that any damages you are awarded will be reduced according to the portion of the responsibility that was yours. This means that you might not be eligible for as much compensation because you didn't have your seat belt on.

Just because you didn't have your seat belt on doesn't mean that you can't file a claim for compensation. Instead, you will have to think about how you can address this fact in your case. It might be only part of the case that you use, so make sure that you think about all aspects of the matter before you determine the direction that you will take to handle the claim.

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