Although seat belts are one of the most important safety features of any vehicle, it’s a reality that seat belt failures and personal injuries can happen.
Wearing a seat belt reduces a person’s risk of suffering from a critical injury by 50 percent, according to the National Highway Transportation Safety Administration (NHTSA). In the most serious accident cases, the failure to wear a seat belt can be the difference between life and death. Unfortunately, seat belts do not always function in the manner that they are supposed to. In some cases, seat belts are actually the reason people become injured in accidents.
Any car accident involves two collisions. The first is the collision between one vehicle and another. The second is the collision between the occupants inside the car and the interior surfaces of the vehicle.
During a crash, a vehicle will come to an abrupt stop when it is struck by another vehicle. This collision can cause the driver and occupants in the struck vehicle to be thrown into each other, as well as other parts of the vehicle. In some cases, people can even be thrown from the vehicle when the collision occurs at a particularly high impact.
Seat belts are also known as safety belts for a reason. They restrain the upper body, so it cannot be thrown forward in an accident, reducing the seriousness of any injuries that occur. People who do not wear a seat belt are also much more likely to be thrown from the vehicle during an accident, which can result in much more serious injuries.
When Do Seat Belts Fail?
The majority of the time, seat belts function in the manner they are supposed to. Still, there are times when they do not function properly. Some of the most common defects include:
Defect seatbelts can certainly cause serious injuries, and the type sustained will depend on the nature and condition of the seat belt itself. Some of the most common injuries caused by defective seat belts are as follows:
New York law requires children and adults both to wear restraints and seat belts any time they are inside a vehicle. Any driver or passenger in the front seat is required to wear a seat belt. Anyone who is found not wearing a seat belt in the front seat may get a ticket as a result. Children under the age of 16 must also wear a seat belt or some type of restraint, such as those found in car seats for infants. Anyone who is found with unrestrained children in a vehicle will receive a ticket, and potentially three points added to their driver’s license.
New York law also allows for a seat belt defense. Under this law, accident victims may receive significantly less compensation after an accident if it is found they were not wearing a seat belt at the time. This is because accident victims are expected to take certain steps to minimize the severity of injuries, such as seeking medical attention right after a crash and wearing a seat belt to prevent injury. Individuals who do not take these steps are considered to have contributed to the seriousness of their injuries and so, are not entitled to full compensation.
We hope this guide to seat belt failures and personal injuries has helped you. If you have been injured in a collision, our New York City car accident lawyers can help. At Silberstein & Miklos, P.C., our skilled attorneys know how to determine which party caused your crash, and will hold them liable for paying the full financial compensation you deserve. Call us now at 1-877-ASK4SAM or contact us online to schedule a free review of your case.
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