I received an email from a Palm Springs resident addressed to the Palm Springs truck accident attorney asking, "If an unbelted motorist that was involved in a truck versus car accident caused by the truck driver could still file a lawsuit against the truck driver for personal injury notwithstanding the failure to use a seatbelt?" The answer is yes to the question that was asked. But if the failure to wear a seatbelt caused injuries that would not have occurred had the belts been used, the monetary settlement or jury verdict will be reduced due to the defense of Contributory Negligence. So let us move out of lawyer-speak. The concept is quite simple. If I am driving a car without using my seatbelt, which is totally unreasonable, and another driver crashes into my stopped car causing me to fly through the front windshield and suffer a fractured skull, I can sue the other driver for his negligent conduct causing the accident. I will win the case. Now here is the problem. If I had been wearing the seatbelt and would have only had a whiplash, I will most likely be limited to recovering a settlement or jury verdict compensating me for the value of a cervical strain, commonly referred to as a whiplash. If instead of having a cervical strain, whiplash, I fractured my skull, I will find the defendant insurance company arguing that I should not be compensated for the fractured skull because had I been wearing the seatbelt I would have remained inside the car with a neck injury as a consequence of the accident. Buckle up in the Coachella Valley!
