The Vehicle Code in the State of California requires all the drivers including their passengers to wear their respective seatbelts every time they travel. No one is exempted from such rule that aims to prevent or at least lessen the occurrence of serious and fatal injuries in case a car collision happens. All of those who will be caught violating this law will be subjected to an offense.
The California government believes that seatbelts indeed, save lives. This is the main reason why sufficient signs and billboards have been situated on our roads and highways, allowing the motorists to understand the value of seatbelts. Their slogan “Click it or Ticket” makes a lot of sense and creates a slight decrease in the number of injuries and fatalities caused by vehicular accidents.
In spite of this, traffic accident occurrences seem to be unstoppable. Thousands of people are still involved in various car mishaps everyday. Due to this, the victims in order to seek justice and recover suitable damages for their injuries or loss of a loved one are filing numerous car accident claims in courts.
Under the law, the failure to wear seatbelts in traveling may jeopardize or limit a victim’s right to recover damages from the liable party after a road collision. This is because the law believes that the victims might not have incurred much damage if only they were able to buckle-up.
The law maintains that whosoever individual who has been neglectful in exercising due prudence, which can brought about risks to other people, should be accountable for the harm that resulted. A person’s failure to wear seatbelt constitutes negligence on his part. Thus, this carelessness may be considered as a ground that forbids him to recover damages from the other party, no matter the degree of his fault in the accident.
Many defense lawyers utilize the same rationale especially if their clients accepted their fault in the accident. They thoroughly determine whether the plaintiff has committed any violation in order to nullify the case. If they were able to prove the comparative fault of the victims, the courts would most likely repeal the case filed against their clients.
Nonetheless, any personal injury action will have better probability of gaining a positive result if the plaintiff are assured that he has not been neglectful in exercising due care in his dealings – that he has not committed any offense.
By: Rainier Policarpio
Posts Tagged ‘Motorists’
Failure to Wear Seatbelts Prevents Car Accident Recoveries
February 6th, 2010Motorcycle Accident Checklist
January 5th, 2010
Riding motorcycles is an inherently more dangerous mode of transportation than driving in a motor vehicle. Unlike a car, there is nothing to protect a rider from the impact of a car, the concrete or a stationary object on the side of the road. Most bikers and motorcycle owners are aware of the dangers of riding a motorcycle ahead of time and prepare before each ride to make sure they are as safe as possible while on the road. For example, Arnold Schwarzenegger needed to receive nearly 15 stitches to his lip after hitting a car that backed out in front of him just a few years after nursing a few broken ribs from a motorcycle accident. What many bikers don’t do, is prepare themselves for what to do IF they are involved in a Motorcycle accident. The following is going to explain what you should do if you are involved in a motorcycle crash.
First:
Make sure everyone at the scene is alright and or receiving the necessary medical attention. This includes you. If you are severely injured, it may be up to other people at the scene to make sure you are receiving the proper medical attention. If possible, indicate to other motorists that there has been an accident and to slow down by using your hazard lights, road torches or warning triangles. Do not put yourself in danger and make sure you are in a safe location.
Second:
Call the police to report the accident and take in the accidents scene. Many times, whatever mental notes you have taken will be lost when the adrenaline of a motorcycle accident wears off. Write down all important information regarding the accident scene including:
Types of vehicles involved Color of vehicles involved Insurance information Names/numbers of other parties involved in accident Roadway conditions License plate numbers Accident Location Road Conditions Direction of Travel What all vehicles were doing at the time of the collision Use your phone camera or a regular camera and take pictures
Third:
When the police arrive, provide them with the necessary information so that they are able to assess the accident scene. Make sure you go to the hospital for a full checkup and make sure you get a copy of the police report (this may take up to two weeks for the police to make available to you). Make sure you take pictures of your bike!
Fourth:
Contact a lawyer. It is very important when dealing with big insurance companies, that you have a qualified lawyer on your side to negotiate the best financial settlement for you and your family. If you were severely injured in the motorcycle accident due to the negligence of the other driver or drivers, hiring a lawyer is in your best interest because this will effect you for the rest of your life.
Hopefully, you won’t have to put this information to use, but if you ride motorcycles, you need to know what to do if you are involved in an accident. Be smart while you are out there and Ride Safe.
By: Andrew Sarski