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If you were involved in a car accident in Oklahoma and weren’t wearing a seatbelt, you may worry about how this will impact your ability to seek compensation for your injuries. While not wearing a seatbelt violates Oklahoma law, it does not automatically prevent you from recovering damages in a personal injury claim.
Oklahoma Seatbelt Laws
Oklahoma law (47 O.S. § 12-417) requires drivers and front-seat passengers to wear seatbelts whenever the vehicle is in motion. Violating this law can result in a $20 fine. However, the law also states that evidence of the nonuse of seat belts is admissible in any civil suit in Oklahoma unless the plaintiff in such suit is a child under sixteen (16) years of age (47 O.S. § 12-420). It’s not only the law; seatbelts save nearly 15,000 lives per year.
Comparative Negligence in Oklahoma
Oklahoma follows the doctrine of modified comparative negligence (23 O.S. § 13). Under this rule, an injured party may only recover damages if their percentage of fault is less than 50%. If the plaintiff’s fault is 50% or more, they cannot recover any damages. When the plaintiff’s fault is less than 50%, their damages are reduced proportionally to their percentage of fault.
In a car accident case where the plaintiff was not wearing a seatbelt, the defendant may argue that the plaintiff’s failure to wear a seatbelt contributed to their injuries. This argument is known as the “seatbelt defense.”
The Seatbelt Defense in Oklahoma
According to 47 O.S. § 12-420, evidence of a plaintiff’s failure to wear a seatbelt is admissible in civil suits or proceedings for damages unless the plaintiff is a child under sixteen (16) years of age. This means that the defendant can use the “seatbelt defense” to argue that the plaintiff’s injuries were caused or worsened by their failure to wear a seatbelt.
The Oklahoma Uniform Jury Instructions (Instruction No. 10.17) provide guidance on how the seatbelt defense should be applied in civil cases. The defendant has the burden of proving by the greater weight of the evidence that the plaintiff was not wearing a seatbelt at the time of the collision and that some or all of the plaintiff’s personal injuries were directly caused by their failure to wear a seatbelt.
If the jury finds that the plaintiff was not wearing a seatbelt and can separate the personal injuries that were due to the failure to wear the seatbelt, the defendant is not liable for those specific injuries. However, if the jury is unable to separate the personal injuries that were due to the failure to wear the seatbelt, the defendant is liable for all the personal injuries to the plaintiff.
Proving Liability in a Car Accident Case
Regardless of whether you were wearing a seatbelt, proving that the other party was at fault for the accident is key to a successful car accident claim. To do this, you and your attorney will need to gather evidence such as:
- Police reports
- Witness statements
- Photos of the accident scene and vehicle damage
- Medical records documenting your injuries
- Expert testimony, if necessary
Your attorney will use this evidence to build a strong case demonstrating the other party’s negligence and liability for your damages.
Damages in a Car Accident Case
If you can prove that the other party was at fault for the accident, you may be entitled to recover damages for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Other out-of-pocket expenses related to the accident
The amount of damages you can recover will depend on the severity of your injuries, the extent of your financial losses, and other factors specific to your case. However, if the defendant successfully argues the seatbelt defense, your damages may be reduced or limited to the injuries that were not caused by your failure to wear a seatbelt.
Will not wearing a seatbelt reduce my settlement or verdict?
If the defendant can prove that some or all of your injuries were directly caused by your failure to wear a seatbelt, your damages may be reduced accordingly. The jury will be instructed to separate the personal injuries that were due to the failure to wear the seatbelt, if possible. If the jury is unable to separate the injuries, the defendant will be liable for all the personal injuries.
What if the other driver claimed that my injuries would have been less severe if I had been wearing a seatbelt?
The other driver is allowed to make this argument under Oklahoma law. The defendant has the burden of proving by the greater weight of the evidence that you were not wearing a seatbelt and that some or all of your personal injuries were directly caused by your failure to wear a seatbelt. Your attorney can challenge this argument by presenting evidence that your injuries were caused by the defendant’s negligence, regardless of seatbelt use.
Do I need an attorney to handle my car accident case?
While you are not required to hire an attorney, it is highly recommended, especially if you have suffered significant injuries or damages. An experienced personal injury attorney can help you navigate the legal process, gather evidence, negotiate with insurance companies, and fight for the compensation you deserve. They can also help you address the seatbelt defense and work to minimize its impact on your case.
What should I do if I was not wearing a seatbelt and was injured in a car accident?
If you were injured in a car accident and were not wearing a seatbelt, the first step is to seek medical attention for your injuries. Then, contact an experienced personal injury attorney who can evaluate your case and advise you on the best course of action. Be honest with your attorney about the fact that you were not wearing a seatbelt, as this information will be important in building your case and anticipating the defendant’s arguments.
How long do I have to file a personal injury claim after a car accident in Oklahoma?
In Oklahoma, the statute of limitations for personal injury claims is two years from the date of the accident (12 O.S. § 95). This means that you have two years from the date of the accident to file a lawsuit against the at-fault party. If you miss this deadline, you may be barred from recovering any compensation for your injuries and damages.
What if the other driver was also not wearing a seatbelt?
If the other driver was also not wearing a seatbelt, this fact may be used as evidence of their negligence in causing the accident. However, it does not necessarily mean that you will be barred from recovering damages for your injuries. Your attorney can use this information to build a stronger case against the other driver and negotiate a fair settlement on your behalf.
Can I still recover damages if I was partially at fault for the accident?
Yes, under Oklahoma’s comparative negligence law (23 O.S. § 13), you can still recover damages even if you were partially at fault for the accident. However, your damages will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault for the accident, your damages will be reduced by 20%.
What if the other driver’s insurance company contacts me and offers a settlement?
If the other driver’s insurance company contacts you and offers a settlement, it is important to speak with an attorney before accepting any offer. Insurance companies often try to settle claims quickly and for as little money as possible, and the initial offer may not fully compensate you for your injuries and damages. An experienced personal injury attorney can negotiate with the insurance company on your behalf and fight for a fair settlement that covers all of your losses.
What if I can’t afford to hire an attorney?
Most personal injury attorneys work on a contingency fee basis, which means that they only get paid if they recover compensation for you. Under this arrangement, the attorney will typically take a percentage of the settlement or award as their fee. This allows you to hire an attorney without having to pay any upfront costs or fees.
The Bottom Line
Not wearing a seatbelt can complicate your car accident case in Oklahoma, as evidence of your failure to wear a seatbelt is admissible in civil suits or proceedings for damages. The defendant may use the “seatbelt defense” to argue that some or all of your injuries were caused by your failure to wear a seatbelt, potentially reducing your damages.