Idaho Car Accidents and the “Seat Belt Defense”
Imagine that you’re driving attentively on an Idaho highway. Suddenly, traffic slows in front of you, and you slow down accordingly in response. Unfortunately, the driver behind you wasn’t paying as much attention to the road, distracted by changing the radio station or an incoming text, and failed to brake. The car slams into your rear bumper, sending you flying forward and suffering serious injuries as a result. When you later file a claim for damages, you assume that surely you’ll get the full value of your claim since the other driver was obviously at fault. However, you soon learn that the defense believes you weren’t wearing a seat belt when the crash occurred, and thus are entitled to only a portion of the claimed costs of your injuries.
Idaho seat belt defense allows for a reduction in money damages owed to car accident victims
The seat belt defense is a controversial Idaho law. This law, enshrined in section 49-672 of the Idaho Statutes, allows at-fault drivers to reduce the amount of money damages they owe to their victims if they can prove that the victim was not wearing a seatbelt as required by Idaho state law. Once a plaintiff has shown that a defendant is responsible for the accident that injured them, the defendant can attempt to prove both that the victim wasn’t wearing a seat belt at the time of the crash, and that the victim’s injuries would have been reduced by a proven amount had they been wearing a seat belt. This added issue drives up the cost of litigation and making it harder to bring claims and get justice. At fault drivers may present misleading evidence that a seat belt could have prevented all or nearly all of a victim’s injuries. Victims need skilled and seasoned attorneys on their side to be sure that they receive the money damages they need after a crash.
Experienced representation a must when the seat belt defense applied to Boise car accident claims
If you’re the victim of an Idaho car accident and believe the seat belt defense may apply to your claim for damages, it’s critical that you get help in pursuing your claim from a personal injury attorney with experience in successfully handling car accident claims in Idaho. The seasoned personal injury attorneys at the Boise law offices of Pedersen Whitehead & Hanby are well-versed in the technical nature of injury lawsuits involving the seat belt defense, and they can use their decades spent practicing personal injury law on behalf of victims to fight for the money you deserve after a Boise or Twin Falls crash. Contact our offices today for a no-cost consultation after an injury accident in Idaho.
Call Pedersen Whitehead & Hanby’s Personal Injury Attorneys in Boise & Twin Falls after a Serious Idaho Car Accident
For a no-cost consultation on your Idaho personal injury accident, including accidents where the seat belt defense may apply, contact the dedicated and professional Boise personal injury lawyers at Pedersen Whitehead & Hanby at 208-336-2552, with additional offices in Twin Falls at 208-734-2552.