Operators of motor vehicles in the state of Texas should always buckle up before driving. Not utilizing seatbelts while driving is both illegal, as well as a practice that puts the driver at a higher risk of sustaining a serious injury in the event of an accident. If you are injured in a car accident, but you were not wearing your seat belt, it is important that you contact a car accident attorney at the Law Offices of David Kohm.
Potential Consequences Of Not Wearing A Seatbelt When Involved In An Accident
Two terms are of extreme importance to the case of an individual seeking insurance compensation when involved in an automobile accident: Fault and comparative negligence.
The state of Texas operates on a concept known as ‘modified comparative fault.’ This means that an individual involved in an automobile accident can only expect to be paid by the other driver, or his insurance company when the other driver is determined to be at least 51 percent responsible for the accident. The amount a driver can be awarded when a party to an accident can also be reduced by the amount of negligence he is determined to have exercised.
One example of this concept is when an automobile accident is caused due to a driver involved in the accident failing to observe a stop sign. The driver that ignored the stop sign will always be determined to be more than 50 percent at fault in this scenario. However, a jury may still choose to place a small burden of responsibility on the other vehicle’s driver due to a failure to perform sufficient evasive action to avoid the accident.
For the purpose of this example, assume that a jury establishes that the driver running the stop sign is 90 percent at fault and the driver who did not work to adequately evade the resulting crash has a fault in the matter of 10 percent.
A jury award of $100,000 will be reduced to $90,000 for the individual being awarded damages in the case due to the 10 percent responsibility he or she was determined to bear.
Now let’s say the person that was determined to bear less fault for the accident was not wearing a seatbelt and the jury decides that the failure to do so is 30 percent responsible for injuries that were sustained in the accident. In this case, an additional $30,000 would be subtracted from the damages awarded.
The Importance Of Trusting An Attorney
Individuals that have been involved in an automobile accident must be conscious of the fact that the opposing insurance company is not a partner to them. The insurance company is only interested in resolving claim matters as inexpensively as possible. And if the achievement of this goal requires actions that are less than ethical on their part, many insurance companies will act without hesitation.
On the other hand, a good car accident attorney is always looking to secure the outcome that is in the best interest of their clients. A skilled and competent attorney will perform all needed interaction with the insurance company and work to assure that every penny an automobile accident survivor deserves is attained.
Individuals in need of a car accident attorney in Texas that will stand up to insurance companies looking to lower or negate the claims they deserve can make no better decision than to reach out to the Law Offices of David Kohm.
The attorneys working for the firm are experts in these types of cases and will argue against claims by the insurance company that seeks to nullify the recklessness displayed by their driver by pointing the finger of blame at a victim for not wearing a seatbelt at the time of an accident.
If you, a loved one, or someone you know was involved in a car accident in Texas and was not wearing a seatbelt, contact the Law Offices of David Kohm as quickly as possible.
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