Different Seat Belt Rules in West Virginia

Despite the fact that just about every state has its own seat belt laws, just about all U.S. states mandate that people traveling in automobiles wear seat belts as health and safety precaution. West Virginia seat belt law demands that vehicle operators, front seat passengers, and back seat passengers under Eighteen years old put on seat belts while riding in a car. In a lot of states, seat belt crimes are a main cause for a police officer to hold you. On the other hand, in West Virginia, failing to use a seat belt is a secondary offense, which suggests the policeman must have additional probable cause to stop you and only then can he or she fine you for a seat belt crime. Seat belt tickets in West Virginia are $25. Also, an injured person in a auto accident who failed to wear a seat belt may not receive driving history points for the seat belt violation.

Auto accidents—recovery of damages
West Virginia works under comparative negligence law. Every party’s extent of fault or recklessness in triggering the accident is established. If you were harmed in a car accident, you should contact personal injury attorneys in West Virginia, because under comparative negligence law your recoverable compensation are diminished by your part of fault. And if you were over 50 percent at fault, you might not recover any damages.

How does failing to wear a seat belt affect your recovery of damages in a car accident? Is a seat belt crime considered negligence?

These are considered crucial questions when trying to get compensation in a car accident claim. Under West Virginia State Code 17C-15-49 seat belt infractions are not acceptable evidence for negligence. Nevertheless, the judge may listen to legal debates that the failing to wear a seat belt is the cause the party was injured or the reason for the extent of injury. Such opposing arguments may prove to a jury that the seat belt violation constituted a failure to mitigate damages. Under this rule, juries that reach this conclusion may reduce the total amount of recovery for health related compensation by five percent.

Basically, understanding the laws and regulations that are required in automobile accidents can be complex. Most people lack understanding of traffic laws, negligence legislation, and accident case laws and are unable to proficiently take care of their own claims.

Search for legal guidance if you are a victim of West Virginia car accident injury. Highly effective legal guidance plays an vital role in your recuperation. auto collisions can generate extreme fiscal trouble and a car accident attorney in West Virginia can seek monetary damages on your account.