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 time frame. 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. We have three conveniently located offices in Raleigh, Charlotte, and Fayetteville.
