As an experienced Media Car Accident Attorney I am often asked if individuals can still file a lawsuit if they weren’t wearing a seatbelt during an accident. If you are not wearing your seat belt in the State of Pennsylvania, you still may file a lawsuit. The case law and the statutes have determined that the wearing of a seat belt or the not wearing of a seat belt is not clear preclusion or stopping you from bringing a lawsuit. The defendants in this particular case have to sustain a different burden of proof to establish that failure to wear the seat belt actually would have prevented the injuries. That usually involves an assessment by an expert witness or engineer that says if he had his seat belt on this would have happened. In a majority of the cases, that evidence is not sustainable. It’s difficult for them to do and in most cases they do not present that evidence. Failure to wear the seat belt evidence is not even admissible at the time of trial because of that statement of law.
Are you trying to file a lawsuit even though you weren’t wearing a seatbelt? If so, contact the experienced Media Car Accident Attorney Walter Timby.
This educational blog was brought to you by experienced Car Accident Attorney Walter J. Timby. Our law firm proudly represents clients throughout Media, as well as Pennsylvania, the greater Philadelphia area, and New Jersey.
