Lee Law Firm logo
(973) 315-9080

Hablamos Español!

Seatbelts and Car Accident Claims in New Jersey

New Jersey Personal Injury Claims
June 9, 2022
By
Lee Law Firm , LLC

Can You Recover Damages If You Weren’t Wearing a Restraint?

Under New Jersey law, when a motor vehicle is in motion on public property, all occupants must be wearing an authorized seatbelt, regardless of where they are sitting. Sometimes, however, we get distracted and forget. What happens if you are involved in a motor vehicle crash, caused by someone else’s carelessness, and you weren’t wearing the proper restraint? Can you still seek compensation for your losses?

The Failure to Wear a Seatbelt Does Not Prevent Recovery for Your Losses

Even though the law requires you to wear a seatbelt, the failure to do so will not act as an absolute bar to recovery of compensation for your injuries. The amount you can recover, though, may be reduced or limited. Here’s why.

In New Jersey, in a personal injury claim, the court must make two key determinations—1) the full extent of each party’s losses, and 2) the extent to which each party caused the accident or loss. Under New Jersey’s modified comparative negligence approach, the jury will first calculate all your losses, regardless of fault. For example, you may have damages totaling $500,000, attributed to loss of income, unreimbursed medical expenses, loss of enjoyment of life, loss of companionship or consortium, or physical pain and suffering.

Once that calculation is complete, the jury will determine the extent to which you caused your injuries. When doing so, they will consider whether your actions at the time of the accident were reasonable. Because the law requires that you wear a seatbelt, the jury may (and typically does) conclude that the failure to wear a seatbelt was not reasonable, making you somewhat responsible for the full extent of your injuries. If the jury finds that your carelessness (in not wearing a seatbelt) was more than 50% responsible for your injuries, you won’t be able to recover anything. If, on the other hand, the jury finds you less than 50% responsible, you’ll still be able to recover something—your total damage award will be reduced by the percentage of your liability.

Contact Our Office

At Lee Law Firm, we have extensive knowledge and experience successfully handling personal injury claims. We take all personal injury cases on a contingency basis—you won’t pay any attorney fees unless we recover compensation for your losses.

Call us at 973-315-9080 or contact us online to schedule an appointment. We are available to meet with you evenings and weekends, if necessary. We welcome all major credit cards. ¡Nosotros hablamos español!

Related Blog Post

wrongful death

What Is Wrongful Death?

March 20, 2019
By
Lee Law Firm , LLC
Wrongful Death
Your Right to Compensation after the Death of a Loved One In our legal system, when the wrongful act of another person causes you to suffer loss, you have a right to bring a lawsuit to recover compensation for your losses. When the consequences of that negligence or carelessness include the accidental or wrongful death […]
workplace injury claims

Third-Party Claims after a Workplace Injury

March 2, 2023
By
Lee Law Firm , LLC
New Jersey Personal Injury Claims
Situations Where You May Not Be Limited to Workers’ Compensation When you’ve been hurt on the job, one of your first steps will typically be to notify your employer and file a claim, if necessary, to secure workers’ compensation benefits. The workers’ compensation laws were enacted to help injured employees get easier and quicker access […]
insurance broker coverage

Your Rights When an Insurance Broker Misrepresents Coverage

April 22, 2020
By
Lee Law Firm , LLC
Insurance Broker Malpractice
Recovering for Insurance Broker Malpractice When you’ve made significant investments in a home or other property, or if you own or operate a business, there are risks that may be difficult or impossible to manage on your own. That’s one of the primary functions of insurance—to allow you to purchase protection when you need it. […]

PROUDLY SERVING THE STATE OF NEW JERSEY

Email us using this contact form and we will quickly reach back out with answers.

lee law firm Springfield map

SPRINGFIELD OFFICE

150 Morris Ave. Suite 202 
Springfield, NJ 07081
 (973) 315-9080
(973) 315-9081
GET DIRECTIONS

NEWARK OFFICE

600 Mt. Prospect Avenue
Newark, NJ, 07104
 (973) 315-9080
(973) 315-9081
GET DIRECTIONS

SERVING AREAS

Springfield
Elizabeth
East Orange
Perth Amboy
Essex County
Passaic County
Bergen County
Hunterdon & Somerset County
Newark
Clifton
Plainfield
Jersey City
Union County
Middlesex County
Hudson County
Monmouth County
© 2024 Lee Law Firm, LLC . All Rights Reserved. Terms & Conditions | Privacy Policy
Powered By: