Grounds for Filing a Tucson, Arizona Personal Injury Lawsuit If You Did Not Wear a Seatbelt

Very often Tucson residents wonder if they even have the right to file a lawsuit if they were not wearing a seatbelt when they suffered a serious injury. The simple answer to this question is yes, you do have that right. A lawsuit filed by a Tucson personal injury car accident lawyer arising from a Tucson auto accident can still be filed for the injuries that are suffered even where the person who was hurt did not wear a seatbelt. However, once the person who is injured proves that the other driver was negligent and that they suffered a serious injury as a result of the accident, the at fault driver is probably going to hire an expert witness to see if they can develop any evidence to the effect that the injuries would have been less severe had a seatbelt been worn. To whatever degree they can prove that the injuries would have been less severe, they will not have to pay for the difference.

Therefore, if a serious accident would have resulted in two days in the hospital and a broken leg with a seatbelt on, but resulted in the same broken leg and also a serious brain injury because the seatbelt was not worn, the at fault driver does not have to pay for the brain injury under that hypothetical.

Obviously, we understand that many times people come to us after the fact. They wish they would have worn their seatbelt. They did not wear the seatbelt. As a result, they would like to still make a claim. Since the burden of proof rests upon the at fault driver who caused the injury to show the damages could have been prevented, the claim may still be viable. To ensure that you receive the compensation you deserve for your injuries in an accident caused by a negligent driver, contact the experienced Tucson personal injury lawyers at Breyer Law Offices, P.C. today for a free consultation.