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Personal Injury Recovery After Not Wearing Seatbelt

Not wearing your seatbelt can lead to life-changing personal injuries if you are involved in a car accident.  Contrary to popular belief, failure to wear your seatbelt does not prevent you from recovering personal injury compensation if another driver causes an automobile accident.  Automobile insurance adjusters may attempt to persuade you that you were negligent in not wearing your seatbelt, but this is not the law in North Carolina.  The car accident personal injury lawyers of Maginnis Howard can help you recover the fair compensation to which you are entitled, regardless of whether you were wearing your seatbelt at the time of your automobile accident. The North Carolina statute mandating that motorists wear a seatbelt provides that “[e]vidence of failure to wear a seat belt shall not be admissible in any criminal or civil trial, action, or proceeding except in an action based on a violation of this section …” This law effectively means that in any personal injury trial, the jury is not allowed to hear any evidence whatsoever that the plaintiff was not wearing a seatbelt at the time of the car accident.  This is true even in a wrongful death action based upon an automobile collision.

Statute of Limitations

North Carolina has a 3-year statute of limitations on personal injury claims. This means there is a specific time limit within which you must file your claim to be eligible for compensation. It is important to note, however, that there may be exceptions to this rule depending on the circumstances of your case. For example, if your injury was not immediately apparent or caused by exposure to a toxic substance, the statute of limitations may be extended. If you are considering filing a personal injury claim in North Carolina, it is essential to consult with an experienced attorney as soon as possible. They can help you understand your rights and ensure that you file your claim within the appropriate timeframe. Waiting too long to file your claim could result in you being unable to recover the compensation you deserve.

Personal Injury Representation

The North Carolina car accident personal injury attorneys of Maginnis Howard offer free consultations for all automobile accident victims. We also handle most car accident personal injury cases on a contingency basis. That means our clients do not pay attorneys’ fees until they recover compensation. Contact us if you or a loved one were injured in an automobile accident and were not wearing your seatbelt.  You may also use our contact page to submit a new case inquiry.