Under Indiana Code 9-19-10, all occupants in a motor vehicle must wear a seatbelt when the vehicle is in forward motion. The law applies to all passengers in all front and backseats. According to the State of Indiana, you can be “stopped and ticketed for failing to wear your seatbelt.” There are some exemptions to the seatbelt laws. However, in general, the laws apply to anyone over the age of 16.
You may be wondering if you are entitled to file a personal injury claim if you were injured in an auto accident that was not your fault. Even if you were not wearing a seatbelt, it does not absolve the at-fault party of fault or liability. They are still responsible for the accident and your subsequent injuries.
Therefore, you may still hire an auto accident lawyer and file a personal injury claim in Indianapolis, IN and file a claim against the at-fault party’s insurance company. However, the insurance company may attempt to penalize you for not wearing a seatbelt.
How Your Auto Accident Lawyer Can Help You with Your Case
Even if the insurance company withholds a certain amount of compensation because you were not wearing a seatbelt in the backseat, you still owe it to yourself to seek legal representation. Without a lawyer to help you with your case, you may have a difficult time persuading the insurance company that their settlement offer is too low.
A lawyer can help you in the following ways:
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Investigate the Accident
Your attorney can investigate the accident to look for evidence of the other driver’s fault. Evidence may include:
- Photos/videos of the accident
- Statements from witnesses at the scene
- Expert testimony
- The accident report
Your attorney will attempt to prove that the other driver was drunk, distracted, or driving recklessly – and that is what led to your injuries. The more proof that your attorney can use to demonstrate driver negligence, the greater your chances are of receiving higher compensation.
Calculate Your Damages
Even if you were not wearing your seatbelt in the backseat, the other party may still be liable for your damages. In an auto accident case, damages may include:
- Medical costs
- Lost income
- Severe physical pain
- Emotional distress
- Loss of consortium
Your attorney is responsible for exploring all damages to accurately determine the value of your case.
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Negotiate a Settlement
An auto accident attorney is a valuable asset in negotiating a higher settlement. Although there are no guarantees how much the insurance company may compensate you, an attorney knows the legal system and how to work with insurance adjusters. They can make a compelling argument as to how the accident impacted your life and what you are owed for your losses.
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Contact Sevenish Law Firm, P.C. Today
If you were in an auto accident and someone else is to blame, then contact Sevenish, Law Firm, P.C. Let our lawyers go to work and fight for a fair settlement on your behalf. Call (317) 636-7777 to get a free case evaluation from an auto accident lawyer in Indianapolis, IN.