I wasn't wearing seat belt cause it was private property. I suffered injuries.
You do NOT need to wear your seat belt when on private property. So, I think it is a non issue. Of course, the defense will probably make it into a big issue. But you can overcome it. I had a similar type of case - in a parking lot, private property, my client was not wearing her seat-belt. We prevailed.
Probably, but not necessarily a fatal issue.
Call an attorney for a consultation, most of us will offer you a free consultation
More information needs to be known. Vehicle Code 27315 provides, in part:
"(d) (1) A person shall not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt."
"'Highway' is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street."
So, if you were on private property, and not a "highway", California law does not mandate use of a seatbelt. The lack of a seatbelt in that circumstance would fall to general negligence law, and what an ordinarily prudent person would have done in the same or similar circumstances. In other words, facts matter.
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There are defenses to every case. In your situation, your opponent will argue that you're failure to ware the seatbelt contributed to the extent of your injuries. Your best option is to get a lawyer.
If you make a claim against another driver for causing you harm, that driver can claim that you were negligent because you failed to wear a seat belt. To succeed, the driver must show 1) that a belt was available, 2) that a reasonably careful person would have used the belt, 3) that you failed to wear the belt, and 4) that your injuries would have been avoided or less severe if you had used the belt. I recommend you consult with an experienced personal injury lawyer who will know how to properly evaluate your case. In addition, you should look for one with trial experience. As you interview lawyers, you should ask them about their experience, and in particular, trial experience. As a former insurance company lawyer who has been behind the curtain, I know how insurance companies defend cases and the strategies that are needed to overcome them. The objective of the insurance company is to minimize the value of your case. The company will hire an experienced trial lawyer to achieve that end, which is why it is important that you have a competent trial lawyer on your side. The company needs to understand that if a fair settlement offer is not made, your attorney is prepared to go to court. Many lawyers advertise their services, but very few will go to trial. Instead, they will refer your case out to someone else as the case gets closer to trial. One of the first things an insurance company does is check the trial experience of your lawyer. "Low-Ball" settlement offers are often made to lawyers who do not try cases. Before you hire a lawyer, do not speak with the other side or their insurance company. Do not give the insurance company a statement. It will be used against you.
Yes, potentially; you could be found to be comparatively at fault.
1. Assuming that the automobile accident occurred in the State of California, in which city and county did the automobile accident occur?
2. On what date did the automobile accident occur?
3. Was there a police report made/filed?
4. How did the automobile accident occur?
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