You may remember the major accident that occurred in June involving comedian Tracy Morgan. He was involved in a six-car pileup on the New Jersey Turnpike. The driver of a Walmart tractor trailer failed to see slow moving traffic and swerved into Morgan's limo, which caused a chain reaction. One man in the limo was killed, and Morgan and three others were left in critical condition.
Morgan and the others who were critically injured sued Walmart for their injuries. They alleged the driver was allegedly awake for 24 hours before the crash, was speeding, and was commuting to work in Delaware from Georgia. However, Walmart just filed an answer in the case, which included nine defenses. One of the defenses was that Morgan and others failed to wear their seatbelts. Walmart claimed that the passengers failed to exercise due care in using the seatbelts, and therefore they cannot recover damages.
If you have been involved in an accident in which you were not wearing your seatbelt, you may believe that you cannot sue for damages. Your injuries were probably more significant because you did not wear your seatbelt, and state law in every state except New Hampshire requires adults to buckle up while they are in a motor vehicle. In most states, yes, you can still sue for your injuries if you were in an accident and you weren't wearing a seatbelt, although your damages may be reduced as a result.
A serious car accident can affect every facet of your life. You may have minor damages such as cuts or bruises, or you may be left with catastrophic injuries to the head, spinal cord, neck or brain. You may be unable to work and may be uncertain about what to do going forward.
It's critical that if you have been injured in a car accident, you contact a personal injury attorney. If you are in the Houston area, call the personal injury attorneys at Kennedy Hodges at 888-894-0119. We can help you obtain compensation for your injuries. You can also visit us on Facebook.